Federal Subpoena Witness Fees

Witness Subpoena Fees and Mileage

In a civil case, when a witness is served with a federal subpoena commanding their attendance, certain fees and mileage must be provided. The rules governing this process can be found in the Federal Rules of Civil Procedure (FRCP) Rule 45(b).

Fees and Mileage Requirements

According to the FRCP Rule 45(b), the subpoena must be accompanied by a fee for one day’s attendance and a mileage fee when the witness is served in a civil case. However, there is an exception if the Federal Government is the one issuing the subpoena; in that case, fees or mileage need not be tendered.

Federal Witness Attendance Fees

The attendance fee for federal subpoenas is outlined in 28 USC 1821. For each day of required attendance, witnesses are entitled to receive a fee of $40.00. This amount is considered a “per diem” or daily fee, and witnesses attending multiple days are entitled to this fee for each day they are required to appear.

Mileage Compensation for Witnesses

In addition to the per diem fee, witnesses are also entitled to receive compensation for their travel expenses. The most common method of calculation is based on mileage. Witnesses will be reimbursed at a rate of $0.56 per mile, calculated round trip from their residence to the location where they must appear.

Alternative Methods of Mileage Calculation

There is some ambiguity regarding the correct reference for calculating mileage. The General Services Administration (GSA) used to rely on the “uniformed table of distances” from “ALK Technologies” or the Department of Defense’s Military Traffic Management Command. However, currently, witnesses can use commonly known mapping programs like Mapquest, Streets, Trips, or Rand McNally to determine mileage.

Additional Allowable Compensation

Apart from the attendance fee and mileage, witnesses may be entitled to receive compensation for other travel-related expenses, such as toll charges, taxicab fares, parking fees (with valid receipts), and even subsistence allowances for overnight stays, as prescribed by the GSA.

Specifics for Witness Subpoena and Compensation

If a witness’s residence is unknown, it may be reasonable to calculate mileage from the witness’s business address. Any deficiency in mileage compensation can be rectified later. In cases where a witness’s attendance is not required, such as when records are being subpoenaed, the witness fee need not be tendered; however, reasonable copying costs may be later recoverable.

In summary, when serving a federal subpoena to a witness in a civil case, it is crucial to ensure that the subpoena is accompanied by the required fees for one day’s attendance and mileage compensation unless the subpoena is issued by the Federal Government. The calculation of mileage can be done using commonly known mapping programs. Witnesses may also be eligible for additional compensation for certain travel-related expenses.