Server's Corner

Witness Fees 101

If you think legal jargon is a lot to deal with, then all the formalities of legal proceedings—papers flying, gavels banging, and... witness fees—must feel like climbing Mount Everest. Not exactly the star of the courtroom drama, but if you’re calling witnesses, you’re going to bump into this pesky little expense. So, in this article we’ll cover just what witness fees are, and how to calculate them without pulling your hair out. Let’s dive in.

What Exactly Are Witness Fees?

Witness fees are basically the “thank-you money” (or legally required reimbursement, depending on how you look at it) that you owe someone for showing up to court and sharing their valuable testimony. After all, nobody likes rearranging their day, missing work, or driving across town for free.

How to Calculate Witness Fees (It’s Less Scary Than Math Class)

Here’s the secret sauce formula, straight from the legal kitchen:

1. Start with mileage. Take 95% of the prevailing IRS mileage rate.
2. Multiply that rate by the number of miles round-trip from the witness’s home or office to the courthouse.
3. Federal witnesses also get a daily allowance of $40.00 on top of mileage.
4. Local Colorado courts? Nope, no daily allowance required—just the mileage calculation.

Example: If the IRS mileage rate is 67 cents per mile, you’d use about 64 cents (95% of that). Multiply by however many round-trip miles your witness must travel, and there’s your fee. See, it’s not rocket science.

Can Witness Fees Be Avoided?

In short: not really. Courts require these payments to ensure witnesses aren’t unfairly burdened. Think of it as the legal system’s version of paying for someone’s Uber ride plus a snack.

That said, the good news is:

• Local Colorado cases are lighter on the wallet, since you’re not paying the $40/day federal allowance.
• Calculating correctly upfront avoids delays, headaches, or worse—your case taking a hit because a witness wasn’t properly compensated.

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Why Paying Up Matters

Understanding witness fees keeps you on the right side of court rules and helps your case move smoothly. At Roland Process Service & Investigations, we make sure you’ve got the right numbers, the right paperwork, and the right people showing up when and where they should.

Because the last thing you need during a legal battle is a surprise math problem.

By Roland Process Service & Investigations Staff 8-15-2025