How to use the federal witness fee calculator
A witness subpoenaed in a federal case is entitled to a fixed attendance fee, a mileage allowance for travel by privately owned vehicle, and a subsistence allowance when an overnight stay is required. Enter your days of attendance, round-trip distance and nights away to see each component and the total you can claim.
The figures come from 28 U.S.C. ยง1821: subsection (b) sets the $40 per-day attendance fee, subsection (c) covers mileage at the rate allowed under 5 U.S.C. ยง5704 plus tolls, parking and common carrier fares, and subsection (d) caps subsistence at the maximum per diem allowance under 5 U.S.C. ยง5702 for the area involved. The mileage and per diem defaults shown are September 2026 reference values published by GSA; both change annually, so confirm the current rates before submitting a claim.
State courts set their own, usually much lower, witness fees, and expert witnesses retained by a party are paid under a separate agreement rather than ยง1821. Government employees testifying in the course of their duties are generally not paid the statutory fee.
This calculator is for reference only and is not legal advice. Consult a licensed attorney or the clerk of the court about your specific situation.
Frequently asked questions
The party that serves the subpoena must tender the attendance fee and mileage with the subpoena under Federal Rule of Civil Procedure 45(b)(1). Costs may later be shifted to the losing party under 28 U.S.C. ยง1920.
No. The attendance fee is a flat statutory amount, not compensation for lost income, so it will often be far less than a day of pay. Expert witnesses retained by a party are compensated separately by agreement.