Called as a Witness? Get Your Witness Fees (2023)
Have you ever been called to testify as a witness at a deposition (a “deposition” is a fancy way of saying a lawyer-conducted witness interview conducted under oath that is recorded by a court reporter) or at a trial? If so, then you have the right to recover “ordinary witness fees”. According to California Government Code § 68093:
Except as otherwise provided by law, witness’ fees for each day’s actual attendance, when legally required to attend a civil action or proceeding in the superior courts, are thirty-five dollars ($35) a day and mileage actually traveled, both ways, twenty cents ($0.20) a mile.
So for example, if you have been subpoenaed to testify at a deposition and you live 5 miles from the place where you are to be deposed, you would be entitled to a witness fee of $35 plus 20 cents per mile for the 10-mile round trip. That equals $37.
If you are called to testify in a federal lawsuit, then the witness fee is higher. Under 28 USC § 1821, you are entitled to a witness fee of $40 per day of attendance plus travel costs. If you travel by “common carrier”, such as by bus or train, then “travel costs” means your actual travel costs. If you travel by “privately owned vehicle”, then “travel costs” means a per mile rate established by the Administrator of General Services, which is generally the standard mileage rates set by the IRS. For example, in 2017, the IRS standard mileage rate is 53.5 cents per mile.
Using the same example as above, you would be entitled to a witness fee of $40 plus 53.5 cents per mile for the 10-mile round trip. That equals $45.35.
If you have further questions regarding testifying as a witness, feel free to discuss it with a lawyer.
Are tolls charges factored into (included) Section 68093. Or do they have to be claimed separately?
Thanks for your time,
I have my website website and now my questions on you’re site and both deleted so i will add this site as un helpful site to my 18000 members in California thanks for nothing .
i am a veteran and disabled and just searching for answers so i posted a comment and it was deleted what is the law these days unjust
I am on social security and witness to a crime and the DDA California subpoena me to witness at the trial but i have no disposable money for 20 dollars a day for parking and mileage to and from court and that is what i requested and the DDA flat out told me i can not be compensated because he says that would be paying me to witness for him . I said it was just for my expenses he the flat out said no.
I was called as a witness to a subpoena in my wife’s employment case by the lawyers who were defending the defendant (my wife was the plaintiff) Now the lawyers do not want to pay me my appearance because they claim that I did not request payment (and i did) but I even have a court appearance proof, what should I do to get paid? Thank you.
Dacy Rutter
” what about if it was 1980″
That is too funny, thank you for that.
Hi there! So I’m in an ongoing case, and they called a mistrial so I’ve been sent home and subpoena’d for the new retrial. I was wondering how witness compensation works in this case? I have to travel all the way across the country for this trial. How does compensation work in my case? Mileage, the $35/day thing? What about air fare? How does all of this work exactly?
You don’t have to appear if the case is “across the country.” Lack of jurisdiction.
What about airfare and hotels if I must travel far and appear on numerous days?
Hello, I was subpoenaed and appeared in court and will have to reappear in 3 months (ongoing case). I am trying to get reimbursement for miles, parking and witness fees. The contact person and number on the subpoena to request reimbursement is no longer valid. How do I go about getting reimbursed? Thank you.
Unfortunately, I think you need to keep trying to contact the person who issued the subpoena. It will usually be a lawyer. If you have their name and/or bar number, you can go to http://www.CalBar.org and click on attorney search, and hopefully get their current contact info there.
What about if it was 1980?
Not sure I understand your question. Can you be more specific?
What about parking costs?. the court houses in my wars only have parking you have to pay for.
Yes, what about parking costs? In San Diego there are meters for 2 hrs max! I got a $100 ticket for exceeding that the last time I was in court. I have been subpeona’d as a witness, and I will use a Pay Parking Lot for my appearance. How do I get that cost payed for?
What about parking costs?. the court houses in my wars only have parking you have to pay for.