FEES and COSTS
New Jersey Superior Court Subpoenas
22A:1-4. Fees and Mileage of Witnesses and Others
Witnesses and others hereinafter mentioned shall be entitled to the following fees:
Each witness attending any of the following, in his own county, per day of attendance, $2.00; a court; (a joint committee of the Legislature, a standing committee of either house or any special committee, which shall have been, by resolution, directed to enter upon any investigation or inquiry, the purpose of which shall necessitate sending for persons and papers and the examination of witnesses; a commissioner or commissioners; a master; a referee; an arbitrator;) an officer taking a deposition; or any proceeding issuing out of any court.
Each witness so attending from a foreign county, at the rate of $2.00 a day, together with, for each day of attendance, an allowance of $2.00 for every 30 miles of travel in going to the place of attendance from his place of residence and in returning.
For the Secretary of State, or any clerk attending on subpoena, with records, wills or other written evidence, at the rate of $2.00 a day, and mileage as aforesaid.
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Federal Subpoenas Witness Attendance and Mileage Fees
USC Title 28, Section 1821(b)
The daily witness fee is $40.00.
The mileage allowance is 34.5 cents per mile to and from the place of deposition, trial, hearing or production of records.
When a subpoena duces tecum seeks only the production of documents and other tangible things rather then oral testimony, and no travel is required, the witness fees and mileage allowances are inapplicable.
Note: Windsor v. Martindale, 175 F.R.D. 665, 670 (D.Colo 1997)
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Callahan
