Sec. 1821. Per diem and mileage generally; subsistence
- (1) Except as otherwise provided by law, a witness in attendance at any
court of the United States, or before a United States Magistrate, 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 this section.
- (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 United States.
- (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
- (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
- (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)
of title 5, for official travel in such area by employees of the Federal
- (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
- (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)) 
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
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.
See References in Text note below.
authorities: CFR |