Federal subpoena witness fees are governed by 28 U.S.C. § 1821 and FRCP 45(b)(1). Every private litigant serving a federal subpoena must simultaneously tender an attendance fee of $40 per day, travel reimbursement at the IRS standard mileage rate or the lowest available economy airfare, and — when an overnight stay is required — a subsistence allowance at the applicable GSA per diem rate. Failure to tender the correct statutory amount renders service defective and exposes the subpoena to an immediate motion to quash under FRCP 45(d)(3)(A).
This page provides the complete federal witness fee reference: the full text and structure of § 1821, every fee component broken down, worked calculation examples for five common scenarios, and the procedural consequences of defective tender. Undisputed Legal calculates, advances, and documents federal witness fees on every order. Call (800) 774-6922 or place your order online to begin.
The table below summarizes every component of the federal witness fee schedule. Each rate and rule derives directly from the statute or the implementing General Services Administration schedules incorporated by reference into § 1821.
| Fee Component | Statutory Basis | Current Rate / Rule |
|---|---|---|
| Attendance fee | § 1821(b) | $40.00 per day of required attendance |
| Private vehicle mileage | § 1821(c)(2) | IRS standard mileage rate (2025: $0.70/mile), round trip |
| Common carrier travel | § 1821(c)(1) | Lowest available unrestricted economy/coach fare |
| Local transit (taxi/rideshare) | § 1821(c)(1) | Reasonable actual cost between terminal and courthouse or hotel |
| Parking, tolls, ferry fares | § 1821(c)(4) | Actual cost |
| Subsistence (overnight) | § 1821(d) | GSA per diem for location (lodging + M&IE) when overnight stay required |
| Government exception | § 1821(a)(2) | No tender required when the United States issues the subpoena |
Title 28, Section 1821 establishes a uniform national fee schedule for witnesses in federal proceedings. The statute applies to every federal court — district courts, bankruptcy courts, magistrate proceedings, and courts of appeals — as well as to depositions taken in connection with federal litigation. Any private party serving a subpoena that compels personal attendance must tender the statutory fees at the moment of service: not after the witness appears, not following the proceeding, and not conditional on the witness’s actual travel expenses.
The statute’s scope is broad. Under § 1821(a)(1), witness fee entitlement extends to any person required to attend “any court of the United States, or before any person authorized to take his deposition pursuant to any rule or order of a court of the United States.” This language encompasses trial testimony, deposition attendance, and hearings before magistrate judges in every federal district.
A critical exemption appears at § 1821(a)(2): witnesses subpoenaed at the instance of the United States or a state government are entitled to fees from the government itself, not from the serving party. When the Department of Justice issues a grand jury subpoena or serves a civil enforcement subpoena, the government bears the payment obligation. Private civil litigants carry the full obligation under FRCP 45(b)(1) and must fund the tender themselves at the time of service.
Section 1821(b) sets the attendance fee at $40 per day for each day’s attendance. The rate is flat and uniform — it does not vary by district, city, proceeding type, or the witness’s professional status for lay witnesses. Whether the proceeding is a complex multi-week securities trial in the Southern District of New York or a single-hour deposition in the Northern District of Texas, the statutory attendance fee remains $40 per required day.
The $40 rate has been in place since 1978. Unlike New York State’s CPLR § 8001, which sets attendance at $15 per day, the federal rate is considerably more generous, though it has not been adjusted in nearly five decades. The $40 represents a statutory floor — nothing prevents a party from voluntarily tendering more as a good-faith inducement, but such sums are not legally required.
For multi-day proceedings, the attendance fee must be calculated for each day the witness is commanded to appear. If a trial subpoena commands attendance for five days, the tender must include $200 in attendance fees ($40 × 5), plus travel and applicable subsistence. Courts have held that tendering only a single day’s fee for a multi-day subpoena is defective, even if the witness ultimately appears for fewer days. The obligation runs to the face of the subpoena command, not to the witness’s actual appearance duration. Over-tendering is not a defect; under-tendering is.
Section 1821(c) establishes two alternative methods for calculating the witness’s transportation reimbursement. The statute does not permit the serving party to choose the cheaper option at will — the reimbursement is keyed to the mode of transportation the witness would reasonably use, based on the distance and practicality of travel to the place of attendance.
When a witness travels by airplane, train, bus, or other commercial carrier, § 1821(c)(1) entitles the witness to reimbursement at the lowest available unrestricted economy or coach class fare for the route. “Unrestricted” means a fare that can actually be purchased on short notice given the subpoena timeline — not a deeply discounted advance-purchase fare unavailable at the point of service. The serving party must estimate the applicable fare at the time of service and include that amount in the tender.
In addition to the airfare or rail fare, § 1821(c)(1) permits reimbursement for reasonable local transportation costs incurred getting from the witness’s residence to the departure terminal and from the arrival terminal to the courthouse or deposition venue. This includes taxi fares, rideshare charges, subway, and local bus. The statute uses the term “reasonable” rather than “actual” for local transportation, giving courts modest latitude in evaluating claimed costs.
Witnesses who drive to the proceeding are compensated under § 1821(c)(2) at the mileage allowance prescribed for federal government employees — in practice, the IRS standard mileage rate. For 2025, that rate is $0.70 per mile, applied to the round-trip distance from the witness’s residence or regular place of business to the place of attendance. The distance is measured by the most commonly traveled route, not the theoretical shortest path.
Unlike New York’s CPLR § 8001, which exempts witnesses within New York City’s five boroughs from mileage, federal law contains no local exemption. A witness driving to the Foley Square courthouse in lower Manhattan is subject to the same per-mile calculation as a witness driving 200 miles in rural Wyoming. In practice, local mileage tenders are modest — a 10-mile round trip yields $7.00 — but the obligation exists regardless of distance.
Section 1821(c)(4) provides reimbursement for “the actual expense incurred for parking fees, ferry fares, and bridge, road, or tunnel tolls.” These costs are reimbursed at their actual amount, separate from and in addition to the mileage or airfare calculation. A witness driving from New Jersey to the federal courthouse in lower Manhattan is entitled to the round-trip mileage plus the Port Authority bridge or tunnel toll each direction, plus any parking fees at the courthouse. When tendering fees in advance, the serving party must estimate these costs based on the anticipated route and current toll schedules.
Section 1821(d) establishes a subsistence allowance for witnesses who must remain overnight at the location of the proceeding. Unlike attendance fees and mileage — which apply to virtually every subpoena — the subsistence allowance is triggered only when the witness cannot reasonably make the round trip from home within a single day. The statute does not specify a bright-line distance threshold, but courts and practitioners generally apply the allowance when travel to and from the witness’s residence cannot be accomplished within normal business hours on the required day of attendance.
The subsistence rate is the GSA per diem schedule for the city of the proceeding. Rates vary significantly: New York City, San Francisco, and Washington, D.C. substantially exceed smaller markets. The per diem covers lodging and meals-and-incidental-expenses (M&IE). Current rates are published annually at the GSA website. For federal courts in New York City, GSA lodging rates frequently exceed $200 per night.
When a subpoena commands multi-day attendance requiring overnight stays, subsistence must be tendered for each required night. A three-day trial requiring two overnight stays calls for $120 in attendance fees ($40 × 3), plus round-trip travel, plus two nights at the applicable GSA per diem rate. Subsistence must be estimated and included at the moment of service. Post-service reimbursement offers do not cure the defect of a subpoena served without required subsistence where overnight attendance is plainly necessary given the witness’s location.
Federal Rule of Civil Procedure 45(b)(1) makes fee tender a condition of valid service: “Serving a subpoena requires delivering a copy to the named person and, if the subpoena requires that person’s attendance, tendering the fees for 1 day’s attendance and the mileage allowed by law.” The rule’s use of “requires” is mandatory — tender is not optional, not recommended best practice, and not subject to waiver by the serving party.
Courts interpret the rule’s reference to “1 day’s attendance and the mileage” as a floor requiring tender for each day commanded, not a nominal single-day amount regardless of the subpoena’s scope. The mileage is the § 1821 statutory rate calculated for the specific witness’s location. The tender must occur simultaneously with delivery — it cannot precede service by days or follow it even by a short interval.
The form of payment is equally important. Courts have consistently held that personal checks are insufficient — the witness bears the risk of a dishonored check. Acceptable forms include cash, certified check, cashier’s check, and money order. Some courts in limited circumstances have accepted attorney trust account checks, but this is not uniform across districts. To eliminate any form-of-payment objection that could render service defective regardless of the amount tendered, Undisputed Legal tenders fees in certified funds on every federal subpoena as a matter of standard practice.
The government exception applies here as well: FRCP 45(b)(3) provides that the fee tender requirement “does not apply to orders issued under applicable law” when issued by the federal government. Grand jury subpoenas and government-issued civil enforcement subpoenas are served without accompanying fee tender from a private party, because the government’s obligation to pay arises separately under § 1821(a)(2).
The following table illustrates correct fee calculation for five representative federal subpoena scenarios. All mileage calculations use the 2025 IRS rate of $0.70 per mile. Airfare figures and GSA per diem amounts are illustrative; actual amounts vary by route, date, and location.
| Scenario | Attendance | Travel | Subsistence | Total Tender |
|---|---|---|---|---|
| Manhattan deposition, private car, 10-mile round trip + bridge toll | $40 | $7.00 mileage + $17 toll | None | ~$64 |
| Chicago witness flying to SDNY, 1-day deposition (same day return) | $40 | ~$350 economy airfare + $60 taxi | None | ~$450 |
| Boston witness, 2-day SDNY trial, overnight required | $80 (2 × $40) | ~$250 round-trip Amtrak | ~$300 (1 night NYC GSA rate) | ~$630 |
| New Jersey witness, private car, 40-mile round trip to EDNY | $40 | $28 mileage + $17 bridge toll + parking | None | ~$95 + parking |
| Records custodian, documents-only subpoena, local NYC | $40 | Mileage/transit as applicable | None | $40 + travel |
Airfare estimates are illustrative. GSA per diem for New York City is among the highest in the country. Verify current GSA rates at time of service. IRS mileage rates are announced each December for the following calendar year.
One of the most frequently litigated questions in federal subpoena practice is whether the § 1821 fee tender requirement applies to subpoenas that command document production only, without requiring the physical testimony of a named witness. The question has practical importance: records custodians, financial institutions, and healthcare providers routinely receive subpoenas commanding document production but not deposition appearance.
The prevailing answer in most circuits is yes — tender is required. FRCP 45(b)(1) conditions tender on whether the subpoena “requires that person’s attendance.” Even a records-only subpoena requires the custodian to take action — to gather, organize, and produce the responsive documents, which itself constitutes a form of attendance at the place of production. Most courts treat the $40 attendance fee and applicable mileage as required for any subpoena compelling personal action from a non-party.
The safer and overwhelmingly recommended practice is to tender the full § 1821 fee package with every non-party subpoena. The cost of tender is modest — $40 plus mileage in most local scenarios. The cost of a successful motion to quash, the resulting delay, and the need for re-service is substantially greater. Undisputed Legal tenders the statutory attendance fee and applicable mileage with every federal subpoena, including document-only productions, as standard practice.
The § 1821 fee schedule governs lay witnesses — fact witnesses who testify from personal observation and knowledge. It does not cap the fees of retained expert witnesses, and it applies only partially to non-retained experts such as treating physicians, government scientists, or forensic specialists whose expertise is incidental to their ordinary professional role. The distinction between retained and non-retained experts has significant consequences for the fee obligations of the deposing party.
A retained expert — someone engaged specifically to provide opinion testimony in the litigation — is governed by the engagement agreement between the expert and the retaining party, not by § 1821. When the opposing party deposes a retained expert, FRCP 26(b)(4)(E) requires the deposing party to pay the expert’s “reasonable fee for time spent in responding to discovery.” Courts resolve disputes about reasonableness by examining the expert’s customary hourly rate, the complexity of the subject matter, the length of the deposition, and comparisons with similar experts in the field. Expert hourly rates in specialized technical, scientific, or medical fields routinely exceed $500 per hour — far above the $40 statutory attendance fee that would apply to a lay witness in the same case.
A treating physician subpoenaed to testify about a patient’s care — not as a retained litigation expert — occupies an intermediate position. Courts have split on whether § 1821 or FRCP 26(b)(4)(E) governs. The majority approach treats § 1821 as the applicable floor for a treating physician testifying from personal professional observation, while recognizing courts’ equitable authority to award additional reasonable compensation when the deposition imposes particular burdens on the professional’s time. Practitioners serving subpoenas on non-retained professionals should consult counsel about voluntarily offering above-statutory compensation — the legal minimum remains § 1821 unless the witness was retained within the meaning of FRCP 26(b)(4).
Grand jury witnesses in federal proceedings are entitled to fees under 28 U.S.C. § 1821 — the same statute that governs civil subpoenas. The attendance rate is $40 per day; travel reimbursement follows the same IRS mileage and common carrier rules; subsistence applies when overnight attendance is required. The rates are paid by the government, not by a private serving party.
Grand jury subpoenas are issued at the instance of the United States Attorney’s office. Under § 1821(a)(2) and the FRCP 45(b)(3) government exception, the government pays fees directly — the private party does not tender because there is no private party in the serving role. A witness receiving a grand jury subpoena will not see an accompanying fee tender; that absence is not a defect but reflects the government exception. Private civil counsel must never omit fee tender from a non-party civil subpoena on the theory that government interests are implicated — the exception applies only when the government itself issues the subpoena.
New York State’s CPL § 610.40 also sets grand jury witness fees at $40 per day — the same figure as the federal § 1821 rate — but the two statutes are entirely independent, and the procedural frameworks surrounding each differ substantially.
Failure to tender the correct statutory fees renders a federal subpoena defective from the moment of service. Courts do not treat fee-defective subpoenas as minor technical failures subject to discretionary cure. The defect is substantive: it means the subpoena was never validly served and carries no enforceable legal obligation.
Under FRCP 45(d)(3)(A), a court “must quash or modify a subpoena” that fails to comply with FRCP 45(b). Because fee tender is a component of valid service under 45(b)(1), a subpoena served without the correct fees is subject to mandatory quashing on timely motion. The witness or any party with standing may file a motion to quash as of right. Courts do not have discretion to overlook the defect and require compliance anyway: if the fees were not tendered correctly, the subpoena must be quashed on that basis alone.
A witness who declines to comply with a defectively served subpoena cannot be held in contempt under FRCP 45(g). Contempt requires a valid subpoena commanding attendance, and a subpoena served without the required fees does not meet that threshold. Courts consistently hold that refusal to obey a legally defective subpoena is not contemptuous, regardless of whether the witness was aware of the specific defect or simply chose not to appear.
When a fee-defective subpoena is quashed, the serving party must re-serve with corrected fees, complying with all FRCP 45 requirements from scratch. The original defective service carries no legal force, preserves no compliance deadlines, and does not toll any procedural clocks. Re-service must allow reasonable time for compliance under FRCP 45(d)(3)(A)(i). In time-sensitive proceedings — trial subpoenas with immovable hearing dates, depositions in discovery windows near closing — a successful quash motion can make timely re-service impossible, depriving the serving party of its witness entirely.
Courts occasionally award attorney’s fees against parties who serve fee-defective subpoenas in bad faith — an uncommon but available sanction that reinforces the importance of accurate calculation at the outset.
The Southern and Eastern Districts of New York handle complex civil litigation, securities enforcement, and international discovery under 28 U.S.C. § 1782. The § 1821 fee schedule applies identically in the SDNY and EDNY as in every other federal district — there is no local supplement to the statutory rates.
Practitioners serving subpoenas for SDNY or EDNY proceedings must observe two New York-specific requirements. First, process servers operating within New York City’s five boroughs must hold a license from the New York City Department of Consumer and Worker Protection (DCWP) — this applies in federal proceedings just as in state court. Second, affidavits of service should expressly confirm the fee tender (amount, form of payment, date) alongside GPS-verified service documentation, providing an unchallengeable record for any subsequent validity challenge.
Includes 3 attempts (morning/afternoon/evening) + notarized Affidavit of Service/Due Diligence with GPS-verified records. Additional individuals at the same address on the same order: 50% off.
Federal witness fee calculation requires precision. The $40 attendance floor is straightforward, but travel reimbursement depends on the witness’s location, mode of transportation, current IRS mileage rates, available economy airfare, applicable tolls, and whether an overnight stay triggers GSA per diem subsistence. Any error in these components creates grounds for a mandatory quash with no post-service cure.
Undisputed Legal addresses each component at order intake: distance to place of attendance, applicable travel method, current IRS mileage rates, economy fare estimates when relevant, and GSA per diem when overnight attendance is required. Fees are assembled in certified funds and tendered simultaneously with service — no personal checks, no post-service reimbursement arrangements. Every affidavit of service identifies the amount tendered, form of payment, and date and time of tender alongside GPS-verified service data. To discuss fee calculation or place an order, call (212) 203-8001.
Federal witness fees under § 1821 consist of three components: an attendance fee of $40 per required day, travel reimbursement at the IRS standard mileage rate for private vehicle travel ($0.70/mile in 2025) or the lowest available economy fare for common carrier travel, and a subsistence allowance at the applicable GSA per diem rate when the witness must remain overnight at the location of the proceeding. All three components must be calculated and tendered simultaneously with service under FRCP 45(b)(1). Separately, § 1821(c)(4) provides reimbursement for actual parking, toll, and ferry costs.
Yes, in the prevailing view. FRCP 45(b)(1) conditions tender on whether the subpoena “requires that person’s attendance.” Even a records-only subpoena compels the custodian’s personal action in gathering and producing documents, which most courts treat as attendance for purposes of the fee requirement. The safer practice universally recommended by federal practitioners is to tender the $40 attendance fee and applicable mileage with every non-party subpoena regardless of whether it commands testimony or documents. The cost of tender is modest; the cost of a successful motion to quash is not.
The federal attendance fee ($40/day under § 1821(b)) is more than twice New York’s $15/day under CPLR § 8001. Federal mileage uses the IRS standard rate ($0.70/mile in 2025) with no local exemption; New York uses $0.23/mile and exempts witnesses within the five boroughs. Federal law adds a GSA per diem subsistence allowance for overnight stays with no CPLR equivalent; New York adds an EBT supplement ($3/day) and transcript folio fee ($0.10/folio) with no federal analog for lay witnesses. Both FRCP 45(b)(1) and CPLR § 2303(a) require simultaneous tender at service.
For a witness driving, calculate the round-trip mileage from the witness’s residence to the place of attendance and multiply by the current IRS standard mileage rate ($0.70/mile in 2025). Add actual toll, parking, and ferry costs under § 1821(c)(4). For a witness flying, obtain the lowest available unrestricted economy or coach fare for the route at the time of service and add reasonable local transit costs to and from the airport. If an overnight stay is required because the witness cannot return home the same day, add the applicable GSA per diem for the location. Tender the sum of all components in certified funds simultaneously with service.
Cash, certified check, cashier’s check, and money order are universally accepted. Personal checks are generally insufficient because the witness bears the risk of dishonor. Some courts in limited circumstances accept attorney trust account checks, but acceptance is not uniform across districts and should not be relied upon. To eliminate any form-of-payment objection that could render service defective independent of the amount tendered, use certified funds. Undisputed Legal tenders fees in certified funds on every federal subpoena as standard practice, regardless of the amount involved.
The subsistence allowance applies when the witness must remain overnight — typically when same-day round-trip travel from the witness’s residence is impracticable. There is no statutory bright-line distance trigger; courts generally apply subsistence when travel and attendance cannot be accomplished within normal business hours. The rate is the GSA per diem for the specific city (lodging + M&IE). For proceedings in New York City, San Francisco, or Washington, D.C., GSA lodging rates are among the highest in the country and must be estimated accurately at the time of service.
A federal subpoena served without the required § 1821 fees — or with fees that are materially insufficient — is defective from the moment of service. The witness or any party with standing may file a motion to quash under FRCP 45(d)(3)(A), which the court must grant — quashing is mandatory, not discretionary, when fees were not properly tendered. The serving party must then re-serve from scratch with corrected fees, complying with all FRCP 45 requirements including the reasonable-time-for-compliance standard. In proceedings with firm deadlines, a successful quash motion can make timely re-service impossible, eliminating the witness entirely.
Yes. A witness who receives a subpoena with insufficient or absent fee tender has legal grounds to decline compliance without facing contempt. FRCP 45(g) authorizes contempt only for disobedience of a valid subpoena, and a defective-fee subpoena is not valid. The witness’s proper course is to file — or prompt a party to file — a motion to quash promptly rather than simply not appearing, as a witness who ignores the subpoena without seeking a quash risks a show-cause order even though defective service provides a complete defense.
Federal witness fee compliance is precise work. The $40 attendance floor is only the starting point — travel reimbursement, subsistence, tolls, and the form of payment each carry their own requirements under § 1821 and FRCP 45(b)(1). A single calculation error or wrong payment form exposes your subpoena to a mandatory quash with no post-service cure. Undisputed Legal calculates every fee component, advances the certified funds on your behalf, and documents the tender in a notarized, GPS-verified affidavit of service. Call (718) 568-0202 or place your order online to ensure every federal subpoena you serve carries the correct statutory fees from the first attempt.
Every day you wait is a day closer to a missed deadline. Statutes of limitations run. Discovery windows close. Subpoena Services’s legal team is already prepared — are you?
Order Service Online — Upload your documents and we begin immediately.
Call (800) 774-6922 — Speak with our team for rush or same-day service.
Email [email protected] — Send documents and we confirm within the hour.
Don’t let improper service destroy your case against Subpoena Services. Hire the professionals who do this every day.
Undisputed Legal Inc. maintains active membership and affiliations with the following professional organizations: National Association of Professional Process Servers (NAPPS), United States Process Servers Association (USPSA), National Association of Legal Support Professionals (NAOSP), Better Business Bureau (BBB) A+ Rating, New York State Unified Court System, DCWP Licensed Process Server (NYC), International Association of Professional Process Servers, National Notary Association, American Bar Association (ABA) – Allied Member, New York County Lawyers Association, Brooklyn Bar Association, Queens County Bar Association, Bronx County Bar Association, Staten Island Bar Association, Westchester County Bar Association, and Nassau County Bar Association.
Undisputed Legal is the authority in subpoena service and interstate discovery. Explore our expertise:
New York: (212) 203-8001 – One World Trade Center 85th Floor, New York, New York 10007
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 - 1717 Pennsylvania Avenue, N.W. 10th Floor, Washington, D.C. 20006
Houston, TX: (713) 564-9677 - 700 Louisiana Street, 39th Floor, Houston, Texas 77002
Chicago IL: (312) 267-1227 - 155 North Wacker Drive, 42 Floor, Chicago, Illinois 60606