Under California Government Code Section 68093, the witness fee in a civil case is $35 per day of actual attendance plus $0.20 per mile traveled round trip between the witness’s home and the courthouse. That baseline covers private citizens and off-duty public employees. But if you subpoena a peace officer or another public employee to testify about something they did or observed on the job, a separate set of statutes (Sections 68097.1 through 68097.10) requires you to tender $275 per day to the employing agency at the time you serve the subpoena. Miss that step and the subpoena is vulnerable to a motion to quash.
The $35 Baseline for Ordinary Witnesses
Section 68093 sets the standard fee for anyone legally required to attend a civil proceeding in California superior court: $35 for each day of actual attendance, plus mileage at $0.20 per mile in both directions.1California Legislative Information. California Government Code 68093 It applies to any private citizen called as a witness. It also applies to public employees when their testimony has nothing to do with their job.
The rate is modest. A witness who lives five miles from the courthouse collects $37 for a day of testimony. Think of it as a token reimbursement rather than actual compensation for lost time.
When the $275 Public Employee Fee Kicks In
Section 68097.1 covers two groups. The first is a defined list of law enforcement and public safety personnel:2California Legislative Information. California Government Code 68097.1
- Department of Justice peace officers and technical analysts, California Highway Patrol officers, and State Fire Marshal peace officers
- Sheriffs, deputy sheriffs, marshals, deputy marshals, and district attorney inspectors
- City police officers
- Probation officers, building inspectors, and firefighters, including volunteer firefighters
The second group is broader: any other state employee or trial court employee subpoenaed to testify about a matter within their professional expertise gained on the job.2California Legislative Information. California Government Code 68097.1 The catch-all sweeps in a wide range of government workers well beyond law enforcement.
The higher fee applies only when the testimony relates to something the employee perceived, investigated, or developed expertise in while performing official duties.2California Legislative Information. California Government Code 68097.1 A police officer testifying about an arrest they made qualifies. A firefighter describing conditions at a fire they responded to qualifies. A building inspector discussing a code violation they flagged qualifies.
If that same officer witnessed a fender bender while grocery shopping on a day off, the testimony has nothing to do with official duties. In that scenario the officer is a civilian witness and the $35 rate under Section 68093 applies.
How to Pay the $275 Correctly
Section 68097.2 requires the party issuing the subpoena to tender $275 for each day the employee is required to attend. The payment goes to the government agency that employs the witness, not to the employee. The employee keeps drawing their normal salary and travel reimbursement, and the $275 daily payment reimburses the agency for that cost.3California Legislative Information. California Government Code 68097.2
Timing is strict. The $275 must be tendered together with the subpoena at the time of service. You deliver payment to whoever accepts service, whether that’s the employee, an immediate supervisor, or a designated agent.4California Department of General Services. Managing and Reporting Absences – Court Subpoenaed Witness Expect three days of testimony? Tender $825 with the subpoena. Payment is typically by check payable to the public agency.
The $275 is an estimate, not a flat fee. After the appearance concludes, the agency calculates the actual cost of the employee’s salary and travel. If the real cost is lower, the agency refunds the difference. If it’s higher, you owe the balance.3California Legislative Information. California Government Code 68097.2 For state agencies, the Department of General Services directs departments to calculate personal services costs using standardized formulas and refund any excess.4California Department of General Services. Managing and Reporting Absences – Court Subpoenaed Witness
If testimony runs beyond the days you originally covered, you cannot simply order the witness back. Section 68097.5 bars the court from ordering these employees to return unless the requesting party first tenders another $275 per day to the agency.5California Legislative Information. California Government Code 68097.5 One exception: when the court continues a proceeding on its own initiative, no additional fee is required before the employee is ordered to appear on the new date.3California Legislative Information. California Government Code 68097.2
What Happens If You Skip the Fee
Handing over the subpoena without the $275 is where litigants get burned, especially self-represented parties. Because the statute requires the fee to be delivered together with the subpoena, service without payment does not satisfy Section 68097.2.3California Legislative Information. California Government Code 68097.2 A noncompliant subpoena is subject to a motion to quash, and courts routinely grant those motions. The witness has no obligation to appear and you lose the testimony.
Section 68097.10 also gives certain employing agencies standing to sue for unpaid witness costs. Those agencies include the Department of Justice, the California Highway Patrol, the State Fire Marshal’s office, and other public entities employing the listed categories of workers.6California Legislative Information. California Government Code 68097.10 Skipping the fee doesn’t save money. It costs you the witness and opens the door to a collection action.
Depositing With the Court Clerk Instead
Section 68097.4 offers an alternative. You can deposit the estimated salary and expenses with the clerk of the court before the subpoena is issued.7California Legislative Information. California Government Code 68097.4 The same reconciliation rules apply: pay the difference if actual costs run higher, receive a refund if they run lower. These deposits are taxable as recoverable costs, so the prevailing party may recover them at the end of the case.
Expert Witnesses Are a Different Statute
The $275 daily fee applies to public employees testifying as percipient or fact witnesses about their duties. Expert witness fees are governed separately. Under Code of Civil Procedure Section 2034.430, deposing a designated expert requires paying their reasonable and customary hourly or daily fee for the time spent.8California Legislative Information. California Code of Civil Procedure 2034.430
Section 2034.430 explicitly excludes employees of a party. When a government entity is a party and its employee is testifying about work performed in an official capacity, the expert witness compensation statute does not apply; the Government Code witness fee provisions do. That distinction confuses people, because a police officer explaining forensic evidence sounds like an “expert” in ordinary usage.
Fee Waivers
California’s standard fee waiver covers filing fees, response fees, sheriff service, court reporter fees for trial attendance, and certain other costs.9California Courts | Self Help Guide. Ask for a fee waiver if you can’t afford court fees The $275 public employee witness fee is not on the list. A litigant with a fee waiver who runs into an uncovered cost may need to file a separate request using form FW-002. Because the waiver statute does not clearly address this fee, anyone facing hardship should raise it with the court clerk or a self-help center before assuming it will be waived.