Federal Court:

Service Rules:

Service of a subpoena in either US District Court or US Bankruptcy Court upon an individual witness MUST be made by in-hand DELIVERY to that person under FRCP Rule 45.  That does not mean the person must accept the subpoena, nor even touch it.  But it does mean that we cannot affect service by delivery to a person of suitable age or any other kind of alternate service.   Service upon a business, government agency or upon some legal entity of any kind is made by delivery to an officer, member, partner, registered agent, statutory agent if available, or to any person authorized to accept service for that entity.

Witness Fees:

The witness fee is calculated: $40 per day attendance, plus mileage if applicable.  If the witness is served and must travel to a location that is wholly within a city, then the witness is provided round trip fare for the least expensive mode of mass transit.  Otherwise, round trip mileage fee is per mile at the current federal rate of 57.5 cents per mile (remember this is applied for a round trip).  Our online witness fee calculator includes the cost of round trip subway fare in New York City.

Our witness fee calculator also calculates properly following the 2015 updates to Rule 45 for a witness who is an officer of a business, as denoted in Rule 45, who can now be compelled to travel anywhere within a state, even if more than 100 miles.

For a subpoena for DOCUMENTS ONLY:  No witness fee is required, either for attendance or mileage.

For more information click here.