Understanding Federal and State Witness Fees State by State

Federal and state witness fees vary significantly across all 51 jurisdictions. Federal law under 28 U.S.C. § 1821 sets a $40-per-day attendance fee with IRS-rate mileage reimbursement. State rates range from $1.50 per day in Alabama to $95 per day in New Mexico, with mileage allowances as low as $0.05 per mile and as high as $0.70 per mile. In every jurisdiction without exception, the correct fees must be tendered simultaneously with service or the subpoena is procedurally defective and subject to mandatory quash.

This page is the complete reference for witness fee rates in all 50 states, the District of Columbia, and the federal system — one table attorneys bookmark when deposing witnesses outside their home jurisdiction. Undisputed Legal calculates and advances the correct statutory fees for every jurisdiction on every order. Call (800) 774-6922 or place your order online.


Why Jurisdiction Matters: The Witness Fee Mismatch Problem

Witness fee errors are among the most avoidable — and most consequential — mistakes in subpoena practice. An attorney in New York handling a case in a California state court who tenders $15 per day (New York’s CPLR rate) instead of $35 per day (California’s Gov. Code § 68093 rate) has served a defective subpoena. The witness is under no obligation to appear, the subpoena must be re-served with corrected fees, and if the deposition date is imminent, the serving party may lose the witness entirely.

The mismatch problem scales significantly in multi-state litigation. A complex commercial dispute may require depositions of witnesses in five or six states in a single discovery sprint. Each witness location generates its own fee calculation under a different statute: a different daily rate, a different per-mile figure, different rules about what forms of payment are acceptable, and — in some jurisdictions — special supplements for deposition testimony, document production, or expert attendance. Applying a single rate across all witnesses is virtually certain to produce defective service in at least one jurisdiction.

One rule applies universally across every jurisdiction in the United States: witness fees must be tendered simultaneously with service of the subpoena. No jurisdiction permits post-service fee tender as a cure for a defective subpoena. The rates differ; the timing rule does not.


Federal Baseline: 28 U.S.C. § 1821

Federal witness fees under 28 U.S.C. § 1821 serve as the comparison baseline for the state data that follows. The federal attendance fee is $40 per day — the highest daily rate of any jurisdiction covered in this table, tied only with Alaska and the District of Columbia. Travel reimbursement for private vehicle use is the IRS standard mileage rate, currently $0.70 per mile (2025) round trip — also the highest mileage rate in the table. Common carrier travel is reimbursed at the lowest available unrestricted economy fare. When an overnight stay is required, witnesses receive a subsistence allowance at the applicable GSA per diem rate for the city of the proceeding.

Two federal-specific rules have no direct state equivalent in most jurisdictions: the GSA per diem subsistence allowance for overnight attendance, and the government exception under § 1821(a)(2), which eliminates the fee tender obligation when the United States itself issues the subpoena. For a complete analysis of federal witness fee mechanics, see the companion page on Federal Subpoena Witness Fees.


Complete 50-State Witness Fee Comparison Table

The table below lists the per-day attendance fee, mileage rate, governing statute, and notable rules for the federal system, all 50 states, and the District of Columbia. Rates are based on current statutory authority as of the date of this page and are subject to legislative change. Always verify against the current statute before tendering fees — mileage rates in particular are periodically updated by state legislation or administrative adjustment.

Jurisdiction Per-Day Fee Mileage Rate Governing Statute Notable Rules
FEDERAL $40.00 $0.70/mile (IRS 2025) 28 U.S.C. § 1821 GSA subsistence for overnights; government exception; certified funds required
Alabama $1.50 $0.10/mile Ala. Code § 12-21-1 Lowest daily rate in the U.S.
Alaska $40.00 $0.15/mile AS § 22.20.200 Matches federal daily rate; lower mileage than federal
Arizona $12.00 $0.20/mile A.R.S. § 12-303
Arkansas $30.00 $0.25/mile A.C.A. § 16-43-301
California $35.00 $0.20/mile Cal. Gov. Code § 68093 Retained expert fees governed separately by CCP § 2034.430
Colorado $15.00 $0.10/mile C.R.S. § 13-33-102
Connecticut $50.00 $0.25/mile C.G.S. § 52-260 Highest state daily rate in the U.S.
Delaware $30.00 $0.07/mile Del. Code Tit. 10, § 4512 Low mileage rate despite moderate daily fee
Florida $5.00 $0.06/mile F.S. § 92.142 Among lowest rates nationally; lowest mileage rate in the table
Georgia $25.00 $0.45/mile O.C.G.A. § 24-13-26 Among highest mileage rates of any state
Hawaii $20.00 $0.20/mile H.R.S. § 621-7
Idaho $20.00 $0.15/mile Idaho Code § 7-811
Illinois $20.00 $0.20/mile 735 ILCS 5/2-1003
Indiana $15.00 $0.10/mile Ind. Code § 33-37-10-2
Iowa $10.00 $0.07/mile Iowa Code § 622.70
Kansas $20.00 $0.10/mile K.S.A. § 28-125
Kentucky $25.00 $0.10/mile KRS § 421.010
Louisiana $25.00 $0.20/mile La. R.S. 13:3661
Maine $15.00 $0.20/mile 16 M.R.S.A. § 261
Maryland $15.00 $0.07/mile Md. Code, Cts. & Jud. Proc. § 9-207 Low mileage rate
Massachusetts $30.00 $0.05/mile Mass. Gen. Laws ch. 262, § 29A Among lowest mileage rates in the table despite high daily fee
Michigan $12.00 $0.07/mile MCL § 600.2335
Minnesota $20.00 $0.20/mile Minn. Stat. § 357.22
Mississippi $25.00 $0.10/mile Miss. Code § 25-7-47
Missouri $10.00 $0.07/mile Mo. Rev. Stat. § 491.280
Montana $20.00 $0.17/mile MCA § 26-2-501
Nebraska $20.00 $0.15/mile Neb. Rev. Stat. § 33-139
Nevada $25.00 $0.20/mile NRS § 50.225
New Hampshire $30.00 $0.20/mile RSA 516:16
New Jersey $15.00 $0.10/mile N.J.S.A. 22A:2-1
New Mexico $95.00 $0.20/mile NMSA § 38-6-4 Highest daily rate of any U.S. state
New York $15.00 $0.23/mile CPLR § 8001 EBT supplement $3/day; 5-borough mileage exemption; transcript $0.10/folio
North Carolina $5.00 $0.10/mile N.C.G.S. § 7A-314 Among lowest state rates nationally
North Dakota $25.00 $0.20/mile N.D.C.C. § 31-01-16
Ohio $12.00 $0.10/mile Ohio Rev. Code § 2335.06
Oklahoma $20.00 $0.20/mile Okla. Stat. tit. 28, § 81
Oregon $15.00 $0.20/mile ORS § 44.415
Pennsylvania $5.00 $0.07/mile 42 Pa.C.S. § 5906 Among lowest rates nationally
Rhode Island $15.00 $0.10/mile R.I. Gen. Laws § 9-17-14
South Carolina $25.00 $0.25/mile S.C. Code § 14-7-1310
South Dakota $25.00 $0.20/mile SDCL § 19-5-26
Tennessee $5.00 $0.10/mile T.C.A. § 24-1-105 Among lowest state rates nationally
Texas $10.00 $0.10/mile Tex. R. Civ. P. 176.5
Utah $10.00 $0.10/mile Utah Code § 78B-1-119
Vermont $30.00 $0.20/mile 12 V.S.A. § 1187
Virginia $15.00 $0.10/mile Va. Code § 17.1-612
Washington $25.00 $0.20/mile RCW § 2.40.010
West Virginia $15.00 $0.07/mile W. Va. Code § 59-2-13 Low mileage rate
Wisconsin $16.00 $0.10/mile Wis. Stat. § 814.67
Wyoming $20.00 $0.25/mile Wyo. Stat. § 1-10-101
District of Columbia $40.00 $0.20/mile D.C. Code § 15-714 Matches federal daily rate

All rates are subject to legislative change and should be verified against the current statute before tendering fees. Mileage rates in particular are periodically updated by state legislatures or administrative action. This table reflects rates as of April 2026.


Range Analysis: The $93.50 Gap Between Highest and Lowest

The spread between the highest and lowest daily witness fees in the United States is $93.50 — from New Mexico’s $95 per day to Alabama’s $1.50 per day. This is not a small rounding difference; it represents a 63-fold variation for what is nominally the same statutory obligation. The disparity exists primarily because most state witness fee statutes were set by legislation decades ago and have not been updated to reflect inflation or changes in the cost of witness attendance.

Highest daily rates: New Mexico ($95/day) stands alone as the highest state rate in the country, roughly 2.4 times the federal rate. Connecticut ($50/day) is the second-highest state, followed by Alaska ($40/day, matching the federal rate). California ($35/day) and Arkansas ($35/day) form the next tier, both substantially above the national median.

Lowest daily rates: Alabama ($1.50/day), Florida ($5/day), North Carolina ($5/day), Pennsylvania ($5/day), and Tennessee ($5/day) are the five states with the lowest statutory attendance fees. These rates reflect decades-old statutes that have not been revisited. Florida’s $0.06-per-mile mileage rate — the lowest in the country — compounds the problem: a witness driving 50 miles round trip in Florida receives $3.00 in mileage plus the $5 attendance fee, a total of $8.00, compared to $75.00 for the same trip under federal law.

Mileage range: Federal law ($0.70/mile at the IRS rate) and Georgia ($0.45/mile) are the highest mileage reimbursement jurisdictions in the table. Florida ($0.06/mile) and Massachusetts ($0.05/mile) are the lowest — notable because Massachusetts has one of the higher daily attendance fees ($30/day) yet one of the lowest mileage rates. This asymmetry reflects the independent legislative histories of the two components within each state’s statute.


States with Unique Rules and Special Provisions

Most states follow a straightforward model — a flat daily fee plus per-mile reimbursement, tendered simultaneously with service. Several jurisdictions depart from this baseline in ways that matter to practitioners.

New York (CPLR § 8001): New York has the most complex lay-witness fee structure of any state. In addition to the $15/day attendance fee and $0.23/mile mileage, New York adds a $3-per-day EBT supplement for non-party witnesses appearing at examinations before trial — making the effective total $18/day for depositions. New York also exempts witnesses traveling within New York City’s five boroughs from any mileage reimbursement. A separate $0.10-per-folio fee applies when a transcript is produced. For a full breakdown, see the companion page on New York State Subpoena Witness Fees.

Federal (28 U.S.C. § 1821): The federal system adds two provisions that no state replicates: a GSA per diem subsistence allowance for witnesses who must remain overnight at the location of the proceeding, and a government exception that eliminates the serving party’s tender obligation when the United States issues the subpoena.

California (Cal. Gov. Code § 68093 and CCP § 2034.430): California maintains a clean $35/day lay-witness fee under Gov. Code § 68093, but separately provides under CCP § 2034.430 that retained expert witnesses called for deposition by the opposing party are entitled to their “reasonable and customary hourly or daily fee” — which courts determine based on the expert’s customary rate, not the $35 floor. This distinction between lay and retained-expert fees is explicit in California statute and frequently generates motion practice.

States indexing to IRS or GSA rates: A minority of states have moved away from fixed statutory mileage rates toward dynamic rates tied to federal schedules. Where a state statute incorporates the “current IRS standard mileage rate” or the “GSA mileage allowance” by reference, the effective rate changes annually without additional legislative action, tracking the federal rate more closely than states with fixed per-mile figures.


The Simultaneous Tender Rule: Universal Across All Jurisdictions

Regardless of the specific fee amount, every jurisdiction in the United States shares one rule: witness fees must be tendered at the moment of service. FRCP 45(b)(1) states this rule for federal subpoenas; state equivalents — like New York’s CPLR § 2303(a) — mirror the requirement. No jurisdiction permits a serving party to promise fees after service, tender a partial amount with a balance to follow, or condition payment on the witness’s actual appearance. The obligation attaches to the moment of delivery.

The acceptable forms of payment vary modestly across jurisdictions. Federal courts and most states require certified funds — cash, certified check, cashier’s check, or money order — on the theory that the witness should not bear the risk of a dishonored instrument. Some state courts have accepted personal attorney checks, particularly where the state bar’s professional responsibility rules provide sufficient payment assurance, but this acceptance is inconsistent and should not be relied upon in an unfamiliar jurisdiction. When in doubt, tender certified funds.

The consequence of defective tender is universally severe: a subpoena served without the correct fees is procedurally void and subject to mandatory quash. The witness cannot be held in contempt for refusing to comply with a fee-defective subpoena. The serving party must re-serve from scratch — with new fees calculated under the correct statute — providing fresh reasonable time for compliance. In time-sensitive discovery, a successful quash motion can permanently eliminate a witness.


Worked Examples: The Same Witness, Three Different Jurisdictions

The following table illustrates how the same witness — located 25 miles from the courthouse, available for a single-day deposition, no overnight stay — generates three entirely different fee calculations depending on which court’s subpoena is used. The scenario holds all variables constant except the governing statute.

Variable Federal Subpoena (§ 1821) NY State Subpoena (CPLR) CA State Subpoena (Gov. Code)
Attendance fee $40.00 $15.00 ($18.00 if EBT) $35.00
Mileage (50 mi round trip) $35.00 (50 × $0.70) $11.50 (50 × $0.23) $10.00 (50 × $0.20)
Overnight subsistence N/A (same-day return) N/A N/A
Total tender required $75.00 $26.50 $45.00
Governing statute 28 U.S.C. § 1821 CPLR § 8001 Cal. Gov. Code § 68093

The federal subpoena requires nearly three times the tender of a New York state subpoena for the identical witness and trip. An attorney who tenders $26.50 when serving a federal subpoena — because that attorney practices primarily in New York state court and used the CPLR rate from habit — has served a defective subpoena subject to mandatory quash. The correct rate is determined by the issuing court’s jurisdiction, not the attorney’s home jurisdiction.


Multi-State Discovery Campaigns: Managing Fee Complexity

Large commercial disputes, class actions, and regulatory investigations routinely require depositions across multiple states in compressed discovery windows. A single multi-state discovery campaign might require deposing witnesses in Texas ($10/day), New York ($15/day + EBT supplement), California ($35/day), and New Mexico ($95/day) — four entirely different fee calculations for what is procedurally the same type of subpoena in each jurisdiction.

The practical challenge is compounded when the issuing court’s jurisdiction differs from the witness’s location. For federal cases using 28 U.S.C. § 1782 for international discovery, or for interstate depositions where state subpoenas must be domesticated in the witness’s home state under the Uniform Interstate Depositions and Discovery Act (UIDDA), the applicable fee rate follows the jurisdiction whose process is ultimately used to compel the witness — not the jurisdiction of the underlying case. Understanding this distinction is essential to correct fee calculation in multi-state campaigns.

For more on interstate subpoena mechanics and UIDDA domestication, see Serving Subpoenas Across State Lines.


Common Witness Fee Calculation Errors

Five categories of error account for the large majority of fee-defective subpoenas:

  • Wrong jurisdiction’s rate. Applying the home-state rate to a subpoena issued out of another state’s court. This is the most common error and the one most likely to produce a mandatory quash. The rate that applies is the issuing court’s statute, not the attorney’s default jurisdiction.
  • Outdated mileage figures. Using a mileage rate that was current when a precedent was set but has since been updated by state legislation or IRS adjustment. Federal mileage (IRS rate) changes annually in December. Some state rates have also been updated in recent years. Verify the current rate at time of service, not at time of engagement.
  • Omitting overnight subsistence (federal subpoenas). The federal § 1821(d) subsistence allowance is a mandatory component when the witness must remain overnight. Attorneys unfamiliar with federal witness fee rules sometimes tender only attendance and mileage, omitting the GSA per diem subsistence component for witnesses traveling from out of district.
  • Tendering only one day’s fees for multi-day subpoenas. FRCP 45(b)(1) and its state equivalents require tender calculated against the face of the subpoena command — the number of days attendance is required — not a nominal single-day amount. A subpoena commanding three days of trial attendance requires three days of attendance fees plus associated mileage and subsistence.
  • Wrong payment form. Tendering a personal check in a jurisdiction that requires certified funds. This error can render service defective regardless of whether the tendered amount is otherwise correct. When in doubt, certified check or money order eliminates payment-form objections in every jurisdiction.

Subpoena Service Pricing

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  • STAKE-OUT — $325–$425 (Includes 1 hour waiting time; each additional hour $100–$150)
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How Undisputed Legal Calculates Per-Jurisdiction Witness Fees

Undisputed Legal maintains a jurisdiction-by-jurisdiction fee database covering all 50 states, the District of Columbia, and the federal system. When an order is placed, our team identifies the applicable statute for the issuing court, confirms the current per-day and per-mile rates, calculates the total tender based on the witness’s location and the number of days commanded, and advances the certified funds on the client’s behalf. We do not apply default rates or home-jurisdiction rates — every order is calculated against the current statute for the specific court whose process is being served.

For federal subpoenas with potential overnight subsistence requirements, we check current GSA per diem tables for the city of the proceeding and include the subsistence component when the witness’s location makes overnight attendance plainly necessary. Every affidavit of service documents the amount tendered, the form of payment, and the time and location of service confirmed by GPS-verified records.

Process servers operating in New York City’s five boroughs hold active licenses from the New York City Department of Consumer and Worker Protection (DCWP), satisfying the local licensing requirement that applies to both state and federal subpoena service within Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. To discuss witness fee calculation for your specific proceeding or to place an order, call (212) 203-8001.


Related Resources


Frequently Asked Questions: Witness Fees by State

Which state has the highest witness fee in the United States?

New Mexico has the highest state-level witness fee at $95 per day under NMSA § 38-6-4 — roughly 2.4 times the federal rate of $40 per day and 63 times higher than Alabama’s $1.50 per day. Connecticut has the second-highest state rate at $50 per day under C.G.S. § 52-260. The District of Columbia and Alaska both match the federal $40-per-day rate. At the other end, Alabama ($1.50/day), Florida ($5/day), North Carolina ($5/day), Pennsylvania ($5/day), and Tennessee ($5/day) are the lowest-rate jurisdictions in the country.

Are federal witness fees higher than state witness fees?

In almost every jurisdiction, yes. The federal attendance fee of $40 per day exceeds the state rate in 47 of the 50 states. Only New Mexico ($95), Connecticut ($50), and Alaska ($40) match or exceed the federal daily rate. The federal mileage rate ($0.70/mile under the current IRS standard rate) exceeds every state mileage rate in this table, including Georgia’s $0.45/mile — the highest state mileage rate. In total tender for a typical local deposition, federal fees are two to four times higher than most state fees.

Do witness fee rules apply to document-only subpoenas?

In the prevailing view across both federal and most state courts, yes. The fee tender requirement applies whenever a subpoena compels personal action from a non-party, which courts generally interpret to include records custodians gathering and producing documents. While some state courts have taken a narrower view for purely ministerial document production, the safe and universally recommended practice is to tender the full statutory fee — attendance plus mileage — with every non-party subpoena, regardless of whether it commands testimony or documents. The cost of correct tender is modest; the cost of a successful motion to quash is not.

How do I find the correct witness fee for a state I don’t regularly practice in?

The table on this page provides a starting reference for all 50 states, the District of Columbia, and the federal system. For each state, the governing statute is identified — look up the current version of that statute to confirm the rate has not been amended since this page was published. State court websites frequently publish fee schedules or local rules that include current witness fee amounts. When in doubt, contact the clerk of the court issuing the subpoena or work with a nationwide process service firm like Undisputed Legal that maintains a current jurisdiction-by-jurisdiction database and verifies rates at the time of each order.

What payment form is accepted for witness fees across different states?

Cash, certified check, cashier’s check, and money order are accepted in every jurisdiction without exception. Personal checks are problematic — most courts and practitioners treat them as insufficient because the witness bears the risk of a dishonored instrument. Some state courts have accepted attorney trust account checks in limited circumstances, but this acceptance is not uniform. When serving subpoenas in an unfamiliar jurisdiction, default to certified funds to eliminate any payment-form challenge regardless of whether the tendered amount is otherwise correct.

How do witness fees change when a state subpoena is used for an out-of-state deposition?

When a state subpoena needs to compel a witness in another state, the UIDDA procedure typically applies: the originating court issues a subpoena, which is then registered in the witness’s home state, and the home state’s court issues its own subpoena. The fee tender obligation follows the subpoena that actually commands the witness — the subpoena issued by the witness’s home state under that state’s rules. The fee rate applicable is the home state’s statute, not the originating state’s rate. This is one reason why multi-state witness fee management requires per-jurisdiction calculation rather than a uniform rate applied across all witnesses.

What happens if I apply the wrong state’s witness fee rate?

A subpoena served with the wrong state’s fee rate is defective to the extent the tendered amount falls short of the correct statutory amount. The witness or any party with standing may file a motion to quash, which the court must grant — the defect is not discretionary. The serving party must then re-serve with the corrected fee under the applicable statute, providing fresh reasonable time for compliance. If the deposition date is approaching, a quash motion based on fee deficiency can make timely re-service impossible. Over-tendering — paying more than the statutory minimum — is not a defect and does not expose the subpoena to challenge.

Do I need to recalculate fees if the IRS mileage rate changes between service and the proceeding?

No. The fee obligation is fixed at the time of service — the applicable rate is the rate in effect when the subpoena is served. If the IRS mileage rate increases after service but before the deposition occurs, the serving party is not required to supplement the tender. Conversely, if the rate decreases, the tendered amount is not reduced. The tender must be correct at the moment of service; subsequent rate changes are irrelevant to the validity of that particular service. This rule applies equally to state mileage rates that are updated mid-year by legislative or administrative action.


Serve Subpoenas Nationwide with Correctly Tendered Witness Fees

Witness fees vary by a factor of 63 across U.S. jurisdictions. Applying the wrong rate voids your subpoena; getting it right the first time protects your discovery timeline. Undisputed Legal verifies the current statutory rate for every jurisdiction on every order, advances the certified funds, and documents the tender in a notarized, GPS-verified affidavit. Call (800) 774-6922 or place your order online to ensure every subpoena — in any state, federal court, or international jurisdiction — is served with the correct fees from the first attempt.

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