In the Superior Court, you may have to pay a witness you subpoena. Witnesses can ask for $35 a day and 20 cents a mile each way at the time you serve the subpoena. Be prepared to pay the witness fees. If the witness asks for the money before your court date and you do not pay it, then the witness does not have to show up at your hearing.
You do not have to pay anything if your witness does not ask for money. But you should have the money with you at court in case the witness asks for the fees. Form SC-107 lets the witness know that they have a right to these fees, so the witness may ask for the money in front of the judge.
This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.
Yes. In California state court cases, a witness subpoenaed to testify is entitled to witness fee of $35.00 plus mileage of 20 cents per mile, round trip from the witness's residence to the place of the hearing. The witness fee must be paid upon service of the subpoena if the witness requests it, or at the deposition/hearing.
In federal court cases, the fee for personal appearance is $40.00 per day, plus 55½ cents per mile, round trip from the witness's residence to the place of the hearing. The fee must be paid at the time of service.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline