Witness Fee Calculator for New York

Formula used: {($15) (days)} + {(46¢) (one-way miles) (days)} = Witness Fee

What is the Subpoena Witness Fee for New York Courts?

$15.00 per day + 23¢ per mile round-trip
When a person’s attendance is compelled by a subpoena in New York State, they receive $15.00 per day plus 23¢ per mile round-trip, to the place of attendance from the place where the subpoena was served, per NY CPLR § 8001.
  • Mileage fee is not required for travel within the same city.
  • Add $3.00 per day for a pre-trial examination.
  • Add 10¢ per page for preparation of a transcript of records.

Additional Resources

New York Civil Practice Law and Rules § 8001

Persons subpoenaed; examination before trial; transcripts of records.

(a) Persons subpoenaed. Any person whose attendance is compelled by a subpoena, whether or not actual testimony is taken, shall receive for each day’s attendance fifteen dollars for attendance fees and twenty-three cents as travel expenses for each mile to the place of attendance from the place where he or she was served, and return. There shall be no mileage fee for travel wholly within a city.

(b) Persons subpoenaed upon an examination before trial. If a witness who is not a party, or agent or employee of a party, is subpoenaed to give testimony, or produce books, papers and other things at an examination before trial, he shall receive an additional three dollars for each day’s attendance.

(c) Transcripts of records. Wherever the preparation of a transcript of records is required in order to comply with a subpoena, the person subpoenaed shall receive an additional fee of ten cents per folio upon demand.

L. 1988, ch. 23, eff. Jan. 1, 1989, amended subdivision (a) to increase subpoenaed-witness fees from two to fifteen dollars for attendance, and from eight to twenty-three cents per mile for travel expenses; and to make statute gender neutral.

Mailing Address & Business Hours

Island Process Service
1614 5th Ave, Bay Shore, NY 11706
Phone (631) 647-7663  |  Fax (631) 504-0694
Mon. to Thurs. 9 am ‑ 5 pm, Fri. 9 am ‑ 3 pm