What are Witness Fees?

What are Witness Fees?

The witness is entitled to receive a witness fee before he or she appears at the deposition of hearing. The law states that if a witness demands a witness at the time of service, service is valid by either "paying or offering the fees" demanded. If the fee is demanded, the process server must tender the fees, or direct the witness to contact the requesting attorney for the fees. It is then necessary for the process server to inform the attorney that the witness demanded fees so that they may be sent. If witness fees are demanded for a trial subpoena they must be paid before the date of attendance. A witness who demands fees after being served with a deposition subpoena may be paid when the witness shows up to the deposition. (CCP 2020.230)

WITNESS FEES FOR PERSONAL APPEARANCE IN A STATE COURT JURISDICTION

Witness fees for personal appearance in State Court Actions are $35 per day plus $0.20 per mile, round trip, from the witness' residence to where the witness has to appear in person. (GOV 68093, CCP 1987 (a), CCP 2020.230 (a))

WITNESS FEES FOR PRODUCTION OF RECORDS IN A STATE COURT JURISDICTION

A Subpoena for Production of Records requires that $15 be tendered at the time of service. (CCP 2020.230 (b), CCP 2020.410 (c), EVID 1563 (b)(6))

WITNESS FEES FOR PEACE OFFICERS AND OTHER CALIFORNIA STATE EMPLOYEES

The witness fee that MUST be tendered at the time of service for a Peace Officer or other California State, County, or City Employee testifying in his/her capacity as such is $275 per day (AB-2612, GOV 68097.2). The check is made payable to and given to the entity for whom he/she works. (GOV 68097.1, GOV 68097.5)

WITNESS FEES FOR PERSONAL APPEARANCE IN A FEDERAL COURT JURISDICTION (FRCivP 45 (b)(1))

The attendance/witness fee for Federal subpoenas is $40 per day and $0.58 per, round trip, from the witness' residence to the location of the hearing. Witness fees MUST BE PAID AT THE TIME OF SERVICE. Subpoenas served on behalf of the Federal Government or its agencies are exempt from paying witness fees. (28 U.S.C. 1821)

WITNESS FEES FOR PRODUCTION OF RECORDS IN A FEDERAL COURT JURISDICTION

There are NO Witness Fees required for production of records in a Federal Court. The witness who produces copies of records may submit to the subpoenaing party a request for compensation. The witness may later recover reasonable copying costs. (28 U. S. C. 1821) (Windsor v Martindale, 175 F. R. D 665, 670 (D. Colo. 1997)

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