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Do Process! August 2022

Greetings all!

Hope everyone is enjoying the summer.  It has been a while since I have been able to reach out and connect.  It has been a busy 2022 so far.  We have opened up our service area to include Central/Southern New Jersey as well as North Delaware.  Our partners have made it possible to get your cases to their destinations faster than before with feet on the street in Northampton and Lehigh counties, as well as the usual Philadelphia and surrounding suburban counties.  My team and I thank you for the opportunity to be your go-to resource when it comes to process service and skip tracing.  I know you have choices, and I am honored to have earned your business. We are here as a trusted support partner to free attorneys up to do what they do best. So stay cool, enjoy the season, and know we are here for you.

In this issue, I have included some information about witness fees.  I am often asked (especially from out-of-town legal teams) about rules and rates. We often front the fees to keep the process moving quickly and efficiently.  Big kudos to SENTA JOHNSON for doing the research and publishing this handy guide.  Senta is a pre-law student at Drexel University.  We hope this helps answer some concerns of the most commonly asked questions regarding witness fees.

Blair
President
Process Service PA LLC

Witness Fees by State

by Senta Johnson

Calling a witness is no free task. In most American states, witnesses are compensated for their time and travel. That includes reimbursement for tolls, parking fees, taxis, plane or train tickets, and possible overnight accommodations.

As a result, it can be challenging for attorneys to preemptively calculate witness fees. Most firms will, in advance, send the required fee along with an estimation of mileage costs to the witness. This is sent with the Subpoena for Testimony or Subpoena for Deposition. Any reimbursements can be made after the witness forwards related receipts to their firm.

It is important to check all federal, state, and local regulations before serving a subpoena to a witness.

Per the U.S. Code, all witnesses in federal cases or before a U.S. Magistrate Judge are required to be paid a per-day fee of $40, as well as 57.5 cents per mile to and from the location of the deposition or courthouse. U.S. Code § 1821.

Every state is different, and some do not require witness fees. Below you can find the compensation rates per state.

  1. Alabama: $1.50 per day and 5 cents per mile and all necessary ferriage, tolls of turnpikes, and toll bridges available only on one side of the same case. AL Code § 12-19-131 (2014).
  2. Alaska: $12.50 for under 3 hours of the witness’s time, including travel time; $25 per day for more than 3 hours; and mileage paid at the same rates for state employees if traveling more than 30 miles. AS 24.25.050.
  3. Arizona: $12 per day, including travel time including the time he needed to leave his residence and go to the place of trial and his discharge as a witness. Furthermore, this includes 20 cents per mile one way as long as it is for actual distance traveled. A.R.S. § 12-303.
  4. Arkansas: $30 per day and 25 cents per mile from witness’ residence to the place of the trial or hearing. Ark. R. Civ. P. 45(e).
  5. California: $35 plus 20 cents per mile round trip.  Cal. Gov. Code § 68093. If the same comprises only records, the payable fee is $15. Cal. Evid. Code 1563(b)(6).
  6. Colorado: $40 per day plus 58 cents per mile round trip. § 13-33-102 C.R.S.
  7. Connecticut: 50 cents per day subject to exceptions as under section 54-152. This includes mileage paid at the same rates for state employees furnished under section 5-141c. Connecticut General Statutes Title 52. Civil Actions § 52-260.
  8. Delaware: $2 per day plus round-trip mileage of 3 cents per mile. 70 Del. Laws § 8903. Mileage fees [A.]$0.575 per mile for automobiles, [B.]$0.545 per mile for motorcycles, and [C.] $1.27 per mile for airplanes.
  9. Florida: $5 plus 6 cents per mile. If the witness lives in the county where they are ordered to appear, the flat fee is $7.50.  Fla. Stat. § 92.142.
  10. Georgia: $25 per day plus 45 cents per mile round trip. Execution shall be issued by the clerk upon the affidavit of the witness to enforce payment. OCGA § 24-13-25.
  11. Hawaii: Each witness paid a sum of $4 for each day’s attendance in court and travel expenses at the rate of 20 cents a mile each way.HRS § 607-12.
  12. Idaho: $20 per day plus 30 cents per mile one way. IRFLP 901.
  13. Illinois: Every witness attending in any county upon trials in the courts, except for actions arising under Article II of the Juvenile Court Act of 1987, shall be entitled to receive the sum of $20 for each day’s attendance and $0.20 per mile each way for necessary travel.. 705 ILCS 35/4.3.
  14. Indiana: Criminal cases – $5 per day or $15 per day if subpoenaed under IC 35-37-5-4 and mileage at the same rate as state employees; Other actions – $5 per day plus mileage at the same rate as state employees; School employees subpoenaed to testify – $100 per day plus mileage as paid to state employees. I.C. § 33-37-10-2 – 33-37-10-3.5.
  15. Iowa: Witnesses shall receive ten dollars for each full day’s attendance. Five dollars for each attendance less than a full day, and mileage expenses under section 602.1509 for each mile actually traveled. Iowa Code § 622.69.
  16. Kansas: the sum of $10 per day, together with the mileage at the rate prescribed by law for each mile after the first. K.S.A. § 28-125.
  17. Kentucky: Fees not prescribed
  18. Louisiana: $25 per day, $5 per day for hotel and meals. LA Rev Stat § 13:3661.
  19. Maine: $10 per day and 22 cents per mile round trip. 16 M.R.S. § 251.
  20. Maryland: No witness fee or mileage is required for fact witnesses.
  21. Massachusetts: $6 per day plus 10 cents per mile round trip. G. L. c. 262 § 29.
  22. Michigan: $12.00 per day and $6.00 per half-day plus mileage paid at the same rate as state employees. MCR 2.506(G)(1).
  23. Minnesota: $20 per day plus 28 cents per mile round trip counted from the state’s boundary line where the witness crossed it if outside the state, 28 cents per mile. Minn. Stat. § 357.22.
  24. Mississippi: Witness fees and mileage rates are set by the Board of Supervisors in each county, so rates vary. Witnesses in the county, circuit, and chancery courts typically receive $1.50 per day and $. 05 per mile for traveling from their homes to the courthouse and back again.
  25. Missouri: The rate for in-state witnesses is twenty-five dollars ($25.00) per day plus a mileage allowance at the state rate as provided in Section 33.095, RSMo. The mileage rate is thirty-seven cents ($0.37). § 491.280 RSMo.
  26. Montana: $10 per day plus 17 cents per mile round trip. § 24.11.336, MCA.
  27. Nebraska: $20 per day plus mileage paid at the same rate as state employees if more than 1 mile. Neb. Rev. Stat. Ann. § 33-139.
  28. Nevada: $25 plus mileage paid at the same rate as state employees. Travel fees are $0.17 per mile. NRS 50.255.
  29. New Hampshire: $30 for a police officer, $24 for everyone else. RSA 516.16.
  30. New Jersey: $2 per day plus $2 for every 30 miles of travel. N.J.S.A. § 22A:1-4.
  31. New Mexico: $95 per day. Expert witnesses usually charge an hourly rate for depositions, ranging from $200 to $500 to $1000 and up depending on the expert type. NMSA 1978 § 10-8-4.
  32. New York: $15 per day plus 23 cents per mile round trip. NY CPLR § 8001.
  33. North Carolina: Witnesses are not entitled to receive their fees in advance but are not compelled to attend more than one day if payment has not been made. $5 per day plus mileage paid at the same rate as state employees. N.C.G.S. § 7A-314.
  34. North Dakota: $25 per day plus mileage paid at the same rate as state employees. N.D.C.C. § 31-01-16.
  35. Ohio: $12 for full days and $6 for half days, plus 10 cents per mile round trip. R.C. 2335.06.
  36. Oklahoma: $10 per day plus mileage paid at the same rate as state employees. 28A O.S. § 28-81.
  37. Oregon: $30 per day plus 25 cents per mile. ORS 44.415.
  38. Pennsylvania: $5 per day plus 7 cents per mile round trip. Witness fees and round-trip mileage are not required for criminal subpoenas or Subpoenas  Duces  Tecum, which demands the production of records only with no testimony, court appearance, or travel required 42 Pa.C.S. § d5903.
  39. Rhode Island: $10 per day plus 10 cents per mile round trip. Furthermore, $2.00 is payable for every day’s commitment in jail upon default to enter into recognizance with surety. G.L. 2013 § 9-29-7.
  40. South Carolina: $25 per day plus mileage paid at the same rate as state employees. Such mileage is limited to each mile actually and necessarily traveled. S.C. R. Civ. P. 45(b)(1).
  41. South Dakota: $20 per day plus mileage paid at the same rate as state employees. Such mileage is limited to each mile actually and necessarily traveled. SDCL § 19-5-1.
  42. Tennessee: Court appearances – $1 per day plus 4 cents per mile for distances greater than 10 miles; Subpoenas in civil cases – $30 per day plus mileage paid at the same rate as state employees if greater than 10 miles. T.C.A. § 24-4-101.
  43. Texas: $10 per day. This fee includes the entitlement for travel, and the witness is not entitled to any reimbursement for mileage traveled. TEX. CIV. PRAC. & REM. CODE § 22.001.
  44. Utah: $18.50 for the first day, $49 per day for each subsequent day. $1 in addition to every 4 miles for mileage that crosses 50 miles. Utah Code Ann. § 78B-1-119.
  45. Vermont: Witnesses are currently paid $40 a day for attendance and $.575 per mile for travel. Witnesses are responsible for the Department of Justice or counsel subpoenaing a witness and are not paid by the court.. 32 V.S.A. § 1551.
  46. Virginia: Mileage paid at the same rate as state employees. Code § 2.2-2823.
  47. Washington: $10-$25 per day, depending on the county. No witness shall be entitled to fees or mileage from the state when summoned at the instance of the public service companies affected. RCW 2.40.010.
  48. West Virginia: $10 per day, $5 for half a day, and 10 cents per mile round trip. W. Va. Code Ann. § 33-2-5.
  49. Wisconsin: $16 per day plus 20 cents per mile round trip. Interpreters, $10 per one-half day. Wis. Stat. § 814.67.
  50. Wyoming: $30 per day, $15 for half days plus 23 cents per mile. Expert witness fees shall be allowed at the rate of $25.00 per day. Still, if the amount allowed constitutes a higher hourly rate than$25.00 per day; this higher amount is allowable only when the expert witness actually testified.  U. R. D. C. 501(a)(3)(B)(i).

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