Server's Corner

Understanding Witness Fees

Many people are unaware that witnesses are legally compensated for their participation in court proceedings. Witness fees are payments provided to reimburse witnesses for their time, effort, and expenses in appearing in court or depositions. At Roland Process Service & Investigations (RPS&I), we aim to clarify the specifics of witness fees in Colorado state courts and under federal law, ensuring that all parties are well-informed about this crucial aspect of the justice system.

Witness Fees in Colorado State Courts

In Colorado, witnesses required to appear in court or give a deposition are entitled to the following compensations:

• Daily Fee: Witnesses generally receive $50 per day for their appearance in court.
• Mileage Reimbursement: Witnesses are reimbursed for travel expenses at a rate aligned with the IRS mileage rate for business travel.
• Expert Witnesses: Expert witnesses often command higher fees, negotiated between the expert and the hiring party, rather than adhering to the standard fee schedule.

Witnesses are typically paid at the time they are served with a subpoena, ensuring they have the resources needed to attend court or depositions.

Federal Witness Fees

Witness fees in federal cases are governed by 28 U.S. Code § 1821. These include:

• Daily Fee: Federal witnesses receive $40 per day for attendance in court or depositions.
• Travel Expenses: Witnesses are reimbursed for actual travel costs, including public transportation or mileage if driving.
• Subsistence Allowance: If overnight stays are necessary, witnesses may claim a subsistence allowance covering lodging and meals based on federal per diem rates for the location.

Like in Colorado courts, federal witness fees are typically provided when the subpoena is issued and are paid by the summoning party.

Additional Considerations for Witnesses

• Failure to Appear: Witnesses who fail to comply with a subpoena without a valid excuse may face fines or contempt charges.
• Requesting Advance Payment: Witnesses with significant travel or lodging expenses can request advance payment to cover costs.
• Exceptions: Parties to the case, such as plaintiffs or defendants, are not eligible for witness fees for their own testimony.

How Roland Process Service & Investigations Can Assist

At RPS&I, we specialize in managing the logistics of subpoena delivery and compliance with state and federal witness fee requirements. Our experienced team ensures witnesses are properly served and compensated, handling every detail to streamline the process for attorneys, law firms, and parties involved in legal proceedings.

From serving subpoenas to providing guidance on witness compensation, we ensure compliance with legal standards, making the process seamless and efficient.

Whether participating in a case in Colorado or federal court, understanding witness fees helps prepare witnesses and legal professionals for their roles in the justice process. These fees are designed to fairly compensate witnesses for their contributions without undue burden. By staying informed and collaborating with experts like Roland Process Service & Investigations, you can navigate these requirements with confidence and ease.

By Roland Process Service & Investigations Staff 12-1-2024