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Witness Fees and Expenses
Witness Fees and Expenses Incurred in Federal Court

Federal law requires a person subpoenaed to testify in federal court be paid witness fees for one day’s attendance plus mileage when the subpoena is served. Either the office of the Attorney General (OAG) or the state agency represented by the OAG may pay those witness fees and the mileage.

A witness must be paid an attendance fee of $40 for each day’s attendance:

  • At any court of the United States.
  • Before a United States magistrate.
  • Before any person authorized to take the deposition of the witness pursuant to any rule or order of a court of the United States.

The witness must also be paid the $40 per day fee for time used in going to and returning from the place of attendance at the beginning and end of the attendance or at any time during the attendance.

A witness who travels by common carrier will be paid for the actual expenses of travel based on the most economical rate available. A receipt or other evidence of actual cost must be furnished.

A travel allowance equal to the mileage allowance for federal employees must be paid to a witness who travels by privately owned vehicle.

The following expenses must be paid in full to a witness incurring them:

  • Toll charges for toll roads, bridges, tunnels and ferries.
  • Taxicab fares between places of lodging and carrier terminals.
  • Parking fees (upon presentation of a valid parking receipt).

A subsistence allowance must be paid to a witness when an overnight stay is required due to distance prohibiting the witness to return to their residence each evening. The amount of the allowance may not exceed the maximum per diem for official travel by federal employees.

Documentation Requirements [+]

The following documentation requirements apply only to a purchase voucher submitted to pay the witness fees or expenses, or both, of a person subpoenaed to testify in federal court:

  1. A state agency must retain documentation in its files explaining the type of proceeding the person attended.
  2. Comptroller object 7224 must be used for criminal proceedings.
  3. Comptroller object 7254 must be used for civil proceedings.

Sources [+]

Fed. R. Civ. P. 45(b)(1); 5 U.S.C.A. Sections 5704(a), 5707(b)(2) U.S.C.S. Sections 5704(a), 5707(b)(2) (Law. Co-op. LEXIS through Pub. L. No. 108-98, approved Dec. 19, 2003 (with a gap of Pub. L. No. 108-173)); 28 U.S.C.S. Section 1821(a)–(d) (Law. Co-op. LEXIS through Pub. L. No. 108–98, approved Dec. 19, 2003 (with a gap of Pub. L. No. 108–173)); Opinion of the Texas Attorney General No. C-786 (1966).