Witness Fees and Expenses
Witnesses in Civil Court Proceedings
A witness summoned by a state agency in a civil court proceeding is entitled to receive:
- One dollar for each day the witness attends court.
- Reimbursement at the Current Rate provided by law for state employees for:
- Mileage if the witness uses the witness’s personally owned or leased motor vehicle to attend court.
- Meal and lodging expenses while attending court if the court is at least 25 miles from the witness’s place of residence.
- Reimbursement of the witness’s transportation expenses if the witness does not use the witness’s personally owned or leased motor vehicle to attend court.
A witness summoned by a state agency to give testimony outside of a courtroom in connection with a civil court proceeding is entitled to receive the same fees and expenses that would have been received if the witness had testified in a courtroom.
A state agency may directly pay a commercial transportation company or a commercial lodging establishment for the transportation and lodging expenses of a witness. A state agency may not pay a company or reimburse a witness at a rate that exceeds the maximum rates allowable for state employees (see Current Rates).
A witness may claim fees and mileage only by filing an affidavit with the clerk of the court. The affidavit must state the number of days the witness attended court and the number of miles traveled while going to and returning from court.
Note: These requirements do not apply to an expert witness.
Documentation Requirements [+]
The following documentation requirements apply only to a purchase voucher submitted to pay the witness fees and expenses of a witness in a civil court proceeding:
- A state agency must retain documentation in its files explaining the type of proceeding that the witness attended.
- Comptroller object 7254 must be used.
Source [+]
Texas Civil Practice and Remedies Code, Section 22.003; Opinion of the Texas Attorney General No. DM-342 (1995).