Know About the Witness Fees
Effective Jan 1, 2013, AB2612 increases the witness fee that must be paid at the time a subpoena is served to a qualifying government employee (CHP, Police, Fire, certain County and State employees, etc) under GC§68097.2 . The fee will increase from the current $150.00 to $275.00 per day.When serving a subpoena to an employee of one of these agencies, the subpoena must be served at least 5 business days before the scheduled appearance. The witness fees must be paid at the time of service and should be made payable to the agency that the employee works for (i.e. San Francisco County Sheriff, Marin County Fire Dept.). If the cost for the actual appearance is greater than the witness fee deposit, the agency will bill you for the difference. If the actual cost is lower, the agency will refund the difference to you. Most agencies will not accept an “On Call” letter and/or agreement. You should call the specific agency to verify.
Effective Jan. 1, 2017, the Federal mileage rate will increase to 53½¢ per mile. Mileage should be calculated from the home address of the witness (if known) to the place of appearance. Witness fees must be paid at the time of service with a Federal subpoena. For a State subpoena, the witness fees can be paid at the time of service or at the time of appearance, at the option of the issuing party.