Yes, you do get paid for being subpoenaed as a witness, but the amount is modest and it is not designed to replace your wages. In federal court, every witness receives a flat $40 for each day of attendance, plus mileage or travel costs and, when the trip requires an overnight stay, a capped allowance for lodging and meals.1Office of the Law Revision Counsel. 28 USC 1821 – Per Diem and Mileage Generally; Subsistence State courts set their own rates, which run from a few dollars per day up to roughly $35. What you actually walk away with depends on where you testify, how far you travel, whether your employer keeps paying you, and whether you are appearing as a regular fact witness or a paid expert.
The Federal Daily Attendance Fee
The $40 daily fee applies to any witness who appears in a U.S. court, before a magistrate judge, or at a deposition ordered by a federal court.1Office of the Law Revision Counsel. 28 USC 1821 – Per Diem and Mileage Generally; Subsistence It also covers full travel days at each end of your appearance. Fly out Monday, testify Tuesday, fly home Wednesday, and you are entitled to $40 for each of the three days.
Federal law does not require anyone to make up the difference between $40 and what you would have earned that day. The fee is what the fee is. If you were subpoenaed in state court, call the clerk’s office and ask for the current rate in your jurisdiction, because state amounts vary considerably.
Mileage, Airfare, and Overnight Costs
On top of the daily fee, federal law reimburses travel. If you drive, you are paid at the same mileage rate the federal government uses for its own employees. For 2026, that rate is 72.5 cents per mile, calculated along the shortest practical route between your home and the courthouse.2General Services Administration (GSA). Privately Owned Vehicle (POV) Mileage Reimbursement Rates If you fly or take another common carrier, you get the actual ticket cost, but you are expected to book the most economical fare reasonably available. Keep the receipt.1Office of the Law Revision Counsel. 28 USC 1821 – Per Diem and Mileage Generally; Subsistence
When the courthouse is too far to make a same-day round trip, you qualify for a subsistence allowance covering lodging, meals, and incidentals. The cap follows the GSA per diem schedule for federal employees in the same area. For fiscal year 2026, the standard rate in most locations is $110 per night for lodging and $68 per day for meals and incidentals, with higher caps in designated high-cost cities.3General Services Administration (GSA). GSA Per Diem Bulletin FTR 26-01 State courts follow their own reimbursement policies, and many pay less.
The Fee Should Arrive With the Subpoena
In federal civil cases, the party that subpoenas you must tender one day’s attendance fee and mileage at the time the subpoena is served. Federal Rule of Civil Procedure 45 makes serving the subpoena and paying the fee a single step.4Cornell Law School. Federal Rules of Civil Procedure Rule 45 – Subpoena The exception is a subpoena from the U.S. government or a federal agency, which does not have to pay upfront. If a private party serves you without the money, raise it with the attorney who issued the subpoena or with the court.
Will Your Employer Keep Paying You?
That depends on how you are classified. For hourly (non-exempt) workers, federal law does not require an employer to pay for hours not worked, including time in court. Your employer can let you use paid time off if you have it, but is not obligated to pay for the missed hours.
Salaried exempt employees have a real protection. Federal regulations bar employers from docking an exempt employee’s salary for absences caused by witness attendance. The employer can offset the witness fees you collect against your salary that week, so a $40 fee can reduce your paycheck by $40, but nothing beyond that.5eCFR. 29 CFR 541.602 – Salary Basis Docking more than the fee jeopardizes the salary-basis exemption altogether.
Protection Against Retaliation
Federal criminal law makes it a serious crime to interfere with someone’s employment or livelihood in retaliation for their attendance or testimony at an official federal proceeding.6Office of the Law Revision Counsel. 18 USC 1513 – Retaliating Against a Witness, Victim, or an Informant The statute reaches firing, demotion, and threats as well as physical harm. Most states have their own anti-retaliation laws for employees who miss work to comply with a subpoena. Some require you to give reasonable advance notice; some provide reinstatement and back pay if an employer retaliates. Check your state’s labor code for the specifics.
Experts Are Paid Differently
If you were retained as an expert witness rather than called as a fact witness, none of the $40-per-day math applies to you. Experts negotiate their rates directly with the retaining party and are paid for both testimony and preparation time. Hourly rates of several hundred to several thousand dollars are common in fields like medicine, engineering, and finance, and arrangements usually involve an upfront retainer that the expert draws down as work progresses. When the opposing side deposes your expert, federal rules require that side to pay a reasonable fee for the time.7Cornell Law School. Federal Rules of Civil Procedure Rule 26 – Duty to Disclose; General Provisions Governing Discovery
Are Witness Fees Taxable?
Yes. The IRS treats the daily attendance fee and any travel reimbursements as reportable income.8Internal Revenue Service. Fees and Costs for Summoned Witnesses For 2026, the threshold for issuing a Form 1099 rose to $2,000, up from the long-standing $600.9Internal Revenue Service. 2026 Publication 1099 Most fact witnesses who appear for a day or two and collect $40 plus mileage will not receive a 1099. You are still technically required to report the income, but the practical impact of a single appearance is small. Experts almost always cross the threshold and should expect a 1099-NEC.
How to Actually Collect Your Money
Payment does not appear automatically in every case. In federal criminal cases with court-appointed defense counsel, the attorney typically gives you Form OBD-2 explaining your allowable expenses when you receive the subpoena. After your appearance, a witness voucher goes to the U.S. District Court Clerk’s Office along with the subpoena and your receipts, and the U.S. Marshals Service processes payment and mails it.10U.S. Marshals Service. Notice to Fact Witnesses (OBD-2)
Save every receipt from the moment you leave home: gas or a mileage log, plane tickets, hotel bills, meal costs. Reimbursement is capped at federal rates, so documentation is what turns the cap into a check. In civil cases the party that subpoenaed you owes the money, and if payment stalls, contact that attorney directly. State courts handle payment differently; some pay at the clerk’s window on the day you appear, others require a claim form afterward. Ask the issuing attorney or the clerk before your appearance date, and file promptly.
What Happens If You Ignore the Subpoena
A subpoena is a court order, not a request. A judge can hold you in contempt for failing to appear, with fines, jail time, or both, and many courts will issue a bench warrant. A phone call to the attorney does not necessarily stop a warrant from being issued.
If complying would genuinely cause hardship, the right move is to file a motion to quash or modify the subpoena, not to skip court. In federal court, a judge must quash a subpoena that imposes undue burden.4Cornell Law School. Federal Rules of Civil Procedure Rule 45 – Subpoena When a subpoena demands travel of more than 100 miles, a court can condition your attendance on the requesting party paying reasonable compensation beyond the standard fees. Financial hardship, serious medical issues, and unreasonable travel distances are all grounds courts will consider. Raise the issue before your appearance date, not after.