Federal Subpoena Witness Fees

Federal Subpoena Witness Fees and Mileage: A Guide

This article will provide guidance on How to understand federal subpoena witness fees. When you receive a federal subpoena requiring your presence in a civil case, it must come with an attendance fee and a mileage fee. However, the federal government issuing the subpoena exempts itself from this requirement, as per the Federal Rules of Civil Procedure (FRCP) 45(b).

Detailed Guide on Witness Fees

The law, specifically 28 USC 1821, sets the attendance fee for federal subpoenas. Witnesses get a daily rate of $40.00 and a mileage reimbursement of $.56 per mile for the round trip from their home to the court. A valid service of process of a subpoena requires these fees.

Compensation for Multi-Day Appearances

If the court needs a witness for several days, it pays the $40.00 per diem for each required day. This ensures fair compensation for the witness’s time and involvement.

How to Calculate Travel Compensation

The law compensates witnesses for travel, either through mileage or actual travel expenses. Witnesses using public transport can get reimbursed for the most economical option, with necessary receipts. The General Services Administrator prescribes the mileage rate, not exceeding the IRS’s standard mileage rate.

Mileage Calculation for Witnesses

A uniform table of distances, though not public, helps calculate mileage fees. Various methods, like mapping software, offer approximations to ensure witnesses get compensated for the actual distance traveled.

Additional Reimbursements

Witnesses may also receive payments for parking, ferry, and toll expenses, plus a subsistence allowance for necessary overnight stays. The GSA sets these rates based on location.

Special Rules and Considerations

Only witnesses required to appear need to receive fees, which means no fees are necessary when subpoenaing records alone, though copying costs can be reclaimed.

Serving a Federal Subpoena: Key Steps

Serving a federal subpoena correctly involves providing attendance fees and mileage, except when the U.S. government is the issuer. This ensures the subpoena’s legality and effectiveness.

Seeking Professional Help

For assistance with subpoena service and understanding witness fees, reaching out to a professional process serving agency is wise. Our agency can manage all your process serving needs from various global offices, emphasizing quality through dedicated effort and intelligent execution.

Witnesses and legal professionals can navigate the process efficiently by actively understanding federal subpoena requirements and ensuring compliance and rights protection.

DOMESTIC COVERAGE AREAS:

OFFICE LOCATIONS

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 – 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 – 1101 Pennsylvania Avenue, Suite 300, Washington DC 20004

FOR ASSISTANCE SERVING A SUBPOENA

Pick up the phone and call (800) 774-6922, or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your subpoena service needs; no job is too small or too large!

Please feel free to contact us for more information about our process-serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives.”– Foster, William A

def calculate_witness_fees(miles_traveled, mileage_rate, additional_expenses=0):
“””
Calculate witness fees based on miles traveled, mileage rate, and additional expenses.

Parameters:
- miles_traveled (float): Total miles traveled by the witness to and from the court.
- mileage_rate (float): Reimbursement rate per mile.
- additional_expenses (float): Any additional court-ordered expenses.

Returns:
- total_fees (float): Total calculated witness fees.
"""
total_mileage_fee = miles_traveled * mileage_rate
total_fees = total_mileage_fee + additional_expenses
return total_fees