| SUBPOENA: Tendering Witness & Mileage Fees
State | Federal | Admin | Failure to Tender |
|Subpoena Witness Mileage Fee Calculator, Hawaii Subpoena Fee Schedule, Federal Subpoena Witness Fees, Deposition Subpoena Costs, Tender Witness Appearance Fee,
|Federal: New Mileage Fee
For Subpoenas Witnesses
Served In Hawaii
Witness & Mileage Fee Check
There is an apparent conflict between 28
USC § 1821, the definition of the fees, and
FRCivP § 45, which mandates the
tendering of "the fees for one day's
attendance and the mileage." 28 USC
1821 allows for compensation for travel
based on mileage or travel expenses via
common carrier, the latter only after
presentation of receipts. If compensation
for travel may be made after the expense
is incurred in one instance, it follows that
any insufficiency in mileage
compensation could be paid likewise after
If the witness' residence is unknown, than
reasonableness dictates calculating
mileage from the witness workplace
to/from place of appearance. A mileage
deficiency can be resolved later. The
failure to make an attempt to reasonably
calculate witness mileage may bring loss
of the witness and/or sanction.
In addition to the mileage fee, the witness
may be entitled to (1) parking fees; (2)
ferry fees; (3) bridge, road, and tunnel
costs; and (4) airplane landing and
Additionally, a "subsistence allowance"
may be paid, such as overnight stays at a
rate prescribed by the GSA. Each state
and city has been rated under the
Domestic Per Diem Rates page on the
GSA web site. (see below for links)
Since witness fees are tendered "only if
the person's attendance is commanded".
The inference that no witness fee need be
tendered when subpoenaing records from
a witness without requiring attendance
usually is a safe assumption. A witness
may later recover reasonable copying
costs through billing. See also Windsor v.
Martindale, 175 F.R.D. 665, 670 (D. Colo.
1997) (underscore addred for emphasis).
|HRS §607-13 Costs; defendant's traveling
expenses taxable items in certain events.
|HRS §607-12 Witnesses' fees, mileage;
taxation. The fees of witnesses shall be
as follows: Every witness attending and
testifying, or subpoenaed and attending,
upon the trial of any civil cause, in any
court, shall be paid the sum of $4 for each
day's attendance in court, and traveling
expenses at the rate of 20 cents a mile
each way. Every such witness, coming to
attend upon court from any island other
than that upon which the court is holding
session, shall be entitled to $6 for each
day's attendance in addition to the actual
round trip costs of plane or ship travel and
20 cents for each mile actually and
necessarily traveled on the ground each
|Links to Further Info
DoD Per Diem Rates Query
|HLS Note: Mileage calculated to establish a miles
traveled and NOT as the crow flies. You want to argue
this issue, please argue with yourself. Case law does
not support your position.
You are the master of your pleadings.
Thus, HLS serves your subpoenas with or without a
tendered witness & mileage fee.