28 USC 1821 generally provides a $40 daily attendance fee for qualifying witnesses in federal court proceedings and authorized depositions. Necessary travel days can also qualify. This basic witness fee is separate from reimbursement for eligible transportation and overnight subsistence; it is not a professional hourly rate or reimbursement for every dollar of lost wages. [1]
Attendance and travel are separate parts of the claim
The statute covers attendance before a federal court, magistrate judge, or a person authorized to take a deposition under a federal court rule or order. It includes time necessarily spent traveling to and returning from attendance. Keep the subpoena, attendance dates, and instructions from the party or office arranging the testimony. [1]
For common-carrier travel, the statute uses actual expenses for reasonably used transportation along the shortest practical route, at the most economical rate reasonably available. A receipt or other proof of cost is required. Privately owned vehicle travel instead uses the applicable GSA mileage allowance. [1]
Check the rate for the date of travel
GSA mileage rates can change during a year. Its current travel materials identify a July 1, 2026 effective date for the applicable automobile rate. Do not use a remembered prior-year figure or assume a court webpage displaying an older rate resolves travel on a later date. Confirm the allowance with the office processing payment. [2]
Section 1821 also addresses tolls, certain terminal transportation, and parking, with a valid parking receipt required. A rental car, premium airfare, or personal detour should not be booked on the assumption that every cost will be reimbursed. Obtain instructions before incurring unusual expenses. [1]
Overnight subsistence has its own limit
When distance makes a daily return home impractical, the statute provides subsistence subject to the applicable federal per-diem ceiling for the attendance location. This is distinct from the $40 attendance fee. Locality and travel dates can affect the allowable amount. [1]
Prepare the payment record
- Keep the court or deposition location and all attendance dates.
- Record the route and mileage or retain carrier receipts.
- Save itemized lodging, parking, and other requested receipts.
- Ask who issues payment and which form or certification is required.
Exceptions apply, including restrictions for incarcerated witnesses. A subpoena also raises service and attendance issues separate from compensation. Review federal subpoena timing and handling medical information in subpoenaed testimony before assuming the fee rules answer every witness obligation.
Primary sources
- 28 USC 1821 – Per Diem and Mileage Generally; Subsistence
- GSA: Travel resources and current mileage rates
Sources checked: October 31, 2026.