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Witness Fees

New York State Court Action

appearance at trial or deposition $15 witness fee + $0.23 per round trip mile
appearance at examination before trial $18 witness fee
appearance at trial or deposition in same city  $15 witness fee + no mileage
documents only $15 witness fee + $0.10 per page upon demand + no mileage
  • only people living within New York State can be subpoenaed.
  • subpoena for hospital medical records must be served 3 days prior to requested date.
  • subpoena for deposition or examination before trial for non-party witness must be served 20 days prior to appearance date.
  • subpoena for records for city, state and federal agencies must be so-ordered by judge.
  • all subpoenas requesting medical records must be accompanied by an original signed hipaa authorization.

Federal Court Action

appearance at trial or deposition $40 witness fee + $0.575 per round trip mile
appearance at trial or deposition in same city $40 witness fee + no mileage
documents only
  • above mileage fee is calculated as per irs rules, effective 2015
  • All subpoenas must now issue from the court presiding over the lawsuit for which evidence is sought (the “issuing court”) — rather than the court where the target of the subpoena is located — and parties may now effect service anywhere in the United States.
  • a trial subpoena cannot command a party or party officer to travel more than 100 miles from where he or she resides, is employed or regularly conducts business in order to testify at a trial out of state.
  • all subpoenas requesting medical records must be accompanied by an original signed hipaa authorization.

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