Criminal Defense Lawyers

How to Petition Federal Courts for Subpoenaed Witness Fees

How to Petition Federal Courts for Subpoenaed Witness Fees

If you have been subpoenaed as a witness in a federal court case and incurred travel or other expenses related to testifying, you may be entitled to collect witness fees and allowances. Here is an overview of the process for petitioning federal courts for these fees:

Determining Eligibility

Under 28 U.S.C. § 1821, witnesses who are subpoenaed to appear at a trial, hearing, or deposition are entitled to a $40 attendance fee for each day they appear as well as allowances for mileage and subsistence. To be eligible, you must have been served a subpoena by a party in the case or by the court itself ordering you to appear.If you reside more than 100 miles from the location of the proceeding, you are also entitled to a subsistence allowance to cover lodging and food costs. The current rate is $196 per day, split between $124 for lodging and $71 for meals and incidental expenses. Witnesses who reside less than 100 miles from the proceeding are not eligible for subsistence.

Calculating Mileage Fees

In addition to the $40 daily attendance fee, you are entitled to collect a travel allowance equal to the mileage rate for federal employees, which is currently $0.585 per mile. This is based on the shortest practical route between your residence and the location of the proceeding.To calculate your mileage claim, you’ll need to determine the round-trip distance and multiply it by the current mileage rate. For example, if the total round-trip distance is 100 miles, you would be entitled to 100 x $0.585 = $58.50 in mileage fees. Be sure to document your mileage calculation and keep receipts for any parking or toll expenses incurred.

Completing the Witness Fee Form

To collect your witness fees, you’ll need to complete and submit AO 087 – the Bill of Costs form. This form is available on the U.S. Courts website. You’ll need to provide the following information:

• Your name and contact information
• The case name and number
• The dates you appeared to testify
• The location of the proceeding
• The round-trip mileage from your home
• Any lodging or meal costs incurred

You must also sign the form certifying that the information is correct.

Filing Deadline and Procedure

The completed witness fee form should be filed with the clerk of court in the district where the proceeding occurred. Forms are typically due within 30 days after you appear and testify, but deadlines can vary between courts so check the local rules.You can submit the completed form by mail or in person to the clerk’s office. Be sure to keep a copy for your records. Once received, the clerk will process the form and arrange payment by check. Most courts issue witness fee checks within 30-60 days after receiving the petition.

Appealing a Denied Claim

If your witness fee claim is denied, you have the right to appeal to the presiding judge. This involves filing a formal motion with the court explaining the reasons why you believe you are entitled to the fees and allowances. Specific procedures vary by jurisdiction, so contact the clerk’s office if your claim is denied.Having to take time off work to comply with a subpoena can cause financial hardship. Fortunately, federal law provides witnesses some compensation for their expenses. Just be sure to fully document your costs, submit the required forms on time, and provide additional support if your claim is initially denied. Reaching out to the clerk’s office with any questions can also smooth the process. 

Resources

Here are some additional resources that may be helpful in navigating the witness fee petition process:

• U.S. Courts Website – Official information and forms for federal witness fees
• Reddit Thread on Witness Fees – Redditors share experiences with collecting witness fees
• Quora Post on Federal Witness Fees – Q&A on navigating the petition procedures
• Avvo Guide to Witness Fees – Overview from legal services marketplace Avvo
• LawInfo Article on Getting Witness Fees – Background on eligibility and payment process

Here is a table summarizing some key information on witness fee petitions: