A Complete Guide to Witness Fees and Service of Process
A Complete Guide to Witness Fees and Service of Process
Issuing and serving subpoenas for witnesses to attend or appear at a deposition, trial or hearing isn’t free. You will have to incur the costs of their time and for the mileage it will take to get to your office, courthouse or location of the deposition. Not all states require witness fees, nor are all the rules and regulations surrounding witness fees one and the same.
This makes it very difficult for you, as an attorney, to know exactly when you should send a witness fee check and how much it should be. To provide some helpful assistance, we have put together a complete guide to witness fees for both federal and state cases.
Pursuant to the United States Code, all witnesses in federal cases or before a U.S. Magistrate Judge are required to be compensated a per-day fee of $40, as well as 58.5 cents per mile to and from the location of the deposition or courthouse. See U.S. Code § 1821.
While most witness fee mileage is calculated based on a witness using their own vehicle to drive to and from the deposition location, other methods are also provided for by law. If, for example, a witness wants or needs to travel by airplane or train, the law does permit for reimbursement for travel by the least expensive method available. Also available for reimbursement are toll fees, taxis, ride share fees and parking fees.
When an overnight stay is required, witnesses are also entitled to be paid a daily subsistence fee intended to cover the cost of food and incidentals. This amount should not exceed the per diem rate prescribed by the federal Administrator of General Services. These rates vary by year and are based on location; for the most updated rates for your area, click here
Many attorneys and law firms issue the initial witness fee and base calculated mileage to the witness along with the Subpoena for Deposition or Subpoena for Testimony, paying any other fees after receipts are submitted. Here at Judiciary Process Servers, we will advance your witness fees when we serve your federal or state subpoenas, making this part of the process less stressful for you and your team.
Each individual state has it’s own independent rules and regulations pertaining to witness fees. In the listings below, we have itemized each individual state:
Alabama: $1.50 per day and 5 cents per mile. AL Code § 12-19-131 (2014).
Alaska: $12.50 for under 3 hours of the witness’s time, including travel time; $25 per day for more than 3 hours of time; and mileage paid at the same rates for state employees if traveling more than 30 miles. AS 24.25.050.
Arizona: $12 per day including travel time, and 20 cents per mile one way. A.R.S. § 12-303.
Arkansas: $30 per day and 25 cents per mile. Ark. R. Civ. P. 45(e).
California: $35 plus 20 cents per mile round trip, from the witness’s residence to the appearance location. Cal. Gov. Code § 68093. Records only, $15. Cal. Evid. Code 1563(b)(6).
Colorado: $40 per day plus 58 cents per mile round trip. § 13-33-102 C.R.S.
Connecticut: 50 cents per day plus mileage paid at the same rates for state employees. General Statutes § 52-260.
Delaware: $2 per day plus round-trip mileage of 3 cents per mile. 70 Del. Laws § 8903.
Florida: $5 plus 6 cents per mile. If the witness lives in the county where they are ordered to appear, the flat fee is $7.50. Fla. Stat. § 92.142.
Georgia: $25 per day plus 45 cents per mile round trip. OCGA § 24-13-25.
Hawaii: $4 per day plus 20 cents per mile round trip. HRS § 607-12.
Idaho: $20 per day plus 30 cents per mile one way. IRFLP 901.
Illinois: $20 per day plus 20 cents per mile round trip. 705 ILCS 35/4.3.
Indiana: Criminal cases – $5 per day or $15 per day if subpoenaed under IC 35-37-5-4 and mileage at the same rate as state employees; Other actions – $5 per day plus mileage at the same rate as state employees; School employees subpoenaed to testify – $100 per day plus mileage as paid to state employees. I.C. § 33-37-10-2 – 33-37-10-3.5.
Iowa: $10 per day for full day’s appearance and $5 for appearances of less than a full day, plus mileage as established by the state supreme court. Iowa Code § 622.69.
Kansas: $10 per day plus mileage set by the state if more than 1 mile. K.S.A. § 28-125.
Kentucky: Fees not required.
Louisiana: $25 per day, $5 per day for hotel and meals. LA Rev Stat § 13:3661.
Maine: $10 per day and 22 cents per mile round trip. 16 M.R.S. § 251.
Maryland: No witness fee or mileage is required for fact witnesses.
Massachusetts: $6 per day plus 10 cents per mile round trip. G. L. c. 262 § 29.
Michigan: $12 per day for full day, $6 per day for a half day, plus mileage paid at the same rate as state employees. MCR 2.506(G)(1).
Minnesota: $20 per day plus 28 cents per mile round trip. Minn. Stat. § 357.22.
Mississippi: Witness fees and mileage rates are set by the Board of Supervisors in each individual county, so rates vary.
Missouri: $25 per day plus mileage paid at the same rate as state employees. § 491.280 RSMo.
Montana: $10 per day plus 17 cents per mile round trip. § 24.11.336, MCA.
Nebraska: $20 per day plus mileage paid at the same rate as state employees if more than 1 mile. Neb. Rev. Stat. Ann. § 33-139.
Nevada: $25 plus mileage paid at the same rate as state employees. NRS 50.255.
New Hampshire: $30 for a police officer, $24 for everyone else. RSA 516.16.
New Jersey: $2 per day plus $2 for every 30 miles of travel. N.J.S.A. § 22A:1-4.
New Mexico: $95 per day. NMSA 1978 § 10-8-4.
New York: $15 per day plus 23 cents per mile round trip. NY CPLR § 8001.
North Carolina: $5 per day plus mileage paid at the same rate as state employees. N.C.G.S. § 7A-314.
North Dakota: $25 per day plus mileage paid at the same rate as state employees. N.D.C.C. § 31-01-16.
Ohio: $12 for full days and $6 for half days, plus 10 cents per mile round trip. R.C. 2335.06.
Oklahoma: $10 per day plus mileage paid at the same rate as state employees. 28A O.S. § 28-81.
Oregon: $30 per day plus 25 cents per mile. ORS 44.415.
Pennsylvania: $5 per day plus 7 cents per mile round trip. 42 Pa.C.S. § d5903.
Rhode Island: $10 per day plus 10 cents per mile round trip. G.L. 2013 § 9-29-7.
South Carolina: $25 per day plus mileage paid at the same rate as state employees. S.C. R. Civ. P. 45(b)(1).
South Dakota: $20 per day plus mileage paid at the same rate as state employees. SDCL § 19-5-1.
Tennessee: Court appearances – $1 per day plus 4 cents per mile for distances greater than 10 miles; Subpoenas in civil cases – $30 per day plus mileage paid at the same rate as state employees if greater than 10 miles. T.C.A. § 24-4-101.
Utah: $18.50 for the first day, $49 per day for each subsequent day, plus $1 for each 4 miles over 50 miles. Utah Code Ann. § 78B-1-119.
Vermont: $30 per day plus mileage paid at the same rate as state employees. 32 V.S.A. § 1551.
Virginia: Mileage paid at the same rate as state employees. Code § 2.2-2823.
Washington: $10-$25 per day, depending on the county. RCW 2.40.010.
West Virginia: $10 per day plus 10 cents per mile round trip. W. Va. Code Ann. § 33-2-5.
Wisconsin: $16 per day plus 20 cents per mile round trip. Wis. Stat. § 814.67.
Wyoming: $30 per day, $15 for half days plus 23 cents per mile. U. R. D. C. 501(a)(3)(B)(i).
If you find yourself having to serve a subpoena to a witness in a state you’ve never served documents in before, be sure to consult with the local jurisdiction for the most updated rules and regulations as they apply to your specific case.
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