NEW YORK STATE SUBPOENA WITNESS FEES

Witness Subpoena Fees and Mileage Compensation in New York Civil Practice Law and Rules (CPLR)

New York CPLR § 8001 outlines the compensation that must be provided to witnesses who are subpoenaed to attend a trial or examination before trial. The statute establishes fees for attendance, travel expenses, and transcripts of records.

Attendance Fees and Travel Expenses for Subpoenaed Witnesses

Under subsection (a) of CPLR § 8001, any person whose attendance is compelled by a subpoena is entitled to receive an attendance fee of fifteen dollars for each day they are required to appear. Additionally, witnesses are entitled to reimbursement for their travel expenses based on mileage. For each mile traveled from the place where the witness was served the subpoena to the place of attendance and back, they should receive twenty-three cents.

However, it is important to note that witnesses are not eligible for mileage fees if their travel is entirely within a city. In such cases, they will only be entitled to the attendance fee of fifteen dollars for each day they are required to be present.

Additional Compensation for Witnesses at Examination Before Trial

Subsection (b) of CPLR § 8001 addresses witnesses who are subpoenaed to provide testimony or produce documents at an examination before trial. If such a witness is not a party, agent, or employee of a party, they are entitled to an additional three dollars for each day of attendance.

This means that witnesses who are not directly involved in the case, but are required to appear and give testimony or produce evidence, will receive a total of eighteen dollars for each day they attend an examination before trial. This amount includes the fifteen dollars attendance fee and the additional three dollars for examination before trial attendance.

Compensation for Transcripts of Records

In some cases, the preparation of a transcript of records may be required to comply with a subpoena. Subsection (c) of CPLR § 8001 addresses this situation, stating that the person subpoenaed shall receive an additional fee of ten cents per folio upon demand. This fee is provided to compensate the witness for the effort and time required to produce the transcript of records.

In summary, CPLR § 8001 of New York law ensures that witnesses who are compelled to attend trials or examinations before trial are appropriately compensated. The statute establishes attendance fees, mileage fees, and additional compensation for the preparation of transcripts of records. Witnesses play a crucial role in the legal process, and this statute aims to ensure that they are fairly remunerated for their time and expenses when complying with a subpoena.