28 U.S.C. § 1821 : US Code - Section 1821: Per diem and mileage generally; subsistence
Search 28 U.S.C. § 1821 : US Code - Section 1821: Per diem and mileage generally; subsistence
(a)(1) Except as otherwise provided by law, a witness in
attendance at any court of the United States, or before a United
States Magistrate Judge, or before any person authorized to take
his deposition pursuant to any rule or order of a court of the
United States, shall be paid the fees and allowances provided by
(2) As used in this section, the term "court of the United
States" includes, in addition to the courts listed in section 451
of this title, any court created by Act of Congress in a territory
which is invested with any jurisdiction of a district court of the
(b) A witness shall be paid an attendance fee of $40 per day for
each day's attendance. A witness shall also be paid the attendance
fee for the time necessarily occupied in going to and returning
from the place of attendance at the beginning and end of such
attendance or at any time during such attendance.
(c)(1) A witness who travels by common carrier shall be paid for
the actual expenses of travel on the basis of the means of
transportation reasonably utilized and the distance necessarily
traveled to and from such witness's residence by the shortest
practical route in going to and returning from the place of
attendance. Such a witness shall utilize a common carrier at the
most economical rate reasonably available. A receipt or other
evidence of actual cost shall be furnished.
(2) A travel allowance equal to the mileage allowance which the
Administrator of General Services has prescribed, pursuant to
section 5704 of title 5, for official travel of employees of the
Federal Government shall be paid to each witness who travels by
privately owned vehicle. Computation of mileage under this
paragraph shall be made on the basis of a uniformed table of
distances adopted by the Administrator of General Services.
(3) Toll charges for toll roads, bridges, tunnels, and ferries,
taxicab fares between places of lodging and carrier terminals, and
parking fees (upon presentation of a valid parking receipt), shall
be paid in full to a witness incurring such expenses.
(4) All normal travel expenses within and outside the judicial
district shall be taxable as costs pursuant to section 1920 of this
(d)(1) A subsistence allowance shall be paid to a witness when an
overnight stay is required at the place of attendance because such
place is so far removed from the residence of such witness as to
prohibit return thereto from day to day.
(2) A subsistence allowance for a witness shall be paid in an
amount not to exceed the maximum per diem allowance prescribed by
the Administrator of General Services, pursuant to section 5702(a)
of title 5, for official travel in the area of attendance by
employees of the Federal Government.
(3) A subsistence allowance for a witness attending in an area
designated by the Administrator of General Services as a high-cost
area shall be paid in an amount not to exceed the maximum actual
subsistence allowance prescribed by the Administrator, pursuant to
section 5702(c)(B) (!1) of title 5, for official travel in such
area by employees of the Federal Government.
(4) When a witness is detained pursuant to section 3144 of title
18 for want of security for his appearance, he shall be entitled
for each day of detention when not in attendance at court, in
addition to his subsistence, to the daily attendance fee provided
by subsection (b) of this section.
(e) An alien who has been paroled into the United States for
prosecution, pursuant to section 212(d)(5) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(5)), or an alien who either has
admitted belonging to a class of aliens who are deportable or has
been determined pursuant to section 240 of such Act (8 U.S.C.
1252(b)) (!1) to be deportable, shall be ineligible to receive the
fees or allowances provided by this section.
(f) Any witness who is incarcerated at the time that his or her
testimony is given (except for a witness to whom the provisions of
section 3144 of title 18 apply) may not receive fees or allowances
under this section, regardless of whether such a witness is
incarcerated at the time he or she makes a claim for fees or
allowances under this section.
Competency of interested persons; share of penalties payable