If a check showed up clipped to the subpoena you just received, it’s there because the law required it. That payment is a witness fee, and under the federal rules the person serving you had to hand it over at the same moment they handed you the subpoena. So the short answer to why you got a check with your subpoena: it’s not a tip or a gesture of goodwill, it’s a statutory fee the serving party owed you, and without it the subpoena might not be enforceable against you at all.
What the Check Actually Pays For
A federal witness fee has two parts. The first is a flat daily attendance fee of $40 for each day you’re required to be present, no matter your profession or income.1Office of the Law Revision Counsel. 28 USC 1821 Per Diem and Mileage Generally Subsistence That rate applies whether you testify for five minutes or sit in a hallway all day, and it covers travel days too.
The second part is mileage. If you drive yourself, you’re reimbursed at the rate set by the General Services Administration, which for 2026 is 72.5 cents per mile, measured from your home to the proceeding and back.2GSA. GSA Bulletin FTR 26-02 If you fly or take a bus, the actual ticket cost is reimbursed instead, at the most economical rate available. Tolls, parking (keep the receipt), and cab fare between a hotel and a bus or train terminal are also covered. If the courthouse is too far to make the trip in a day, you’re also entitled to a lodging and meals allowance tied to the GSA’s per diem schedule for that area.1Office of the Law Revision Counsel. 28 USC 1821 Per Diem and Mileage Generally Subsistence
What the check does not do is replace your wages. It covers basic out-of-pocket costs so complying with a court order doesn’t leave you out of pocket. The amount is set by statute, not by what your time is worth, and it will almost certainly be less than a day of your normal pay.
Why the Check Had to Come With the Subpoena
Under Federal Rule of Civil Procedure 45, a party serving a subpoena that commands your attendance must tender one day’s attendance fee and the legal mileage allowance at the moment of service.3Cornell Law School. Federal Rules of Civil Procedure Rule 45 Criminal subpoenas carry the same requirement under Federal Rule of Criminal Procedure 17.4Cornell Law School. Federal Rules of Criminal Procedure Rule 17
“Tender” means physically handing you the money or a check at the same time as the paperwork. A promise to pay later doesn’t count. A check mailed the next day doesn’t count either. If the server showed up empty-handed, service is deficient, and you may have grounds to challenge the subpoena through a motion to quash.3Cornell Law School. Federal Rules of Civil Procedure Rule 45 Including the check closes that door. The attorney who sent your subpoena attached that payment specifically so they can enforce your appearance.
Federal Government Subpoenas Are the Exception
If the subpoena was issued on behalf of the United States or any of its officers or agencies, the witness fee and mileage do not have to be tendered at service.3Cornell Law School. Federal Rules of Civil Procedure Rule 45 The same exception applies to criminal subpoenas issued by federal officers or agencies.4Cornell Law School. Federal Rules of Criminal Procedure Rule 17 So a subpoena from a federal prosecutor or an agency like the IRS is still valid without a check. You can request payment afterward, but the missing money isn’t a basis to challenge service.
What Happens If You Just Ignore It
Once you’ve been properly served, with the check included, the subpoena is a court order. Failing to appear can result in contempt of court, and federal courts have broad authority to punish contempt through fines, imprisonment, or both.1Office of the Law Revision Counsel. 28 USC 1821 Per Diem and Mileage Generally Subsistence The small check and the real risk of jail time are two sides of the same transaction: the fee is what makes the compulsion stick.
If the Subpoena Came From State Court
The $40 daily fee and GSA mileage rate apply only to federal proceedings. State courts set their own witness fees by statute, and the amounts vary widely. Daily attendance fees run from a few dollars in some states to nearly $100 in others, and mileage reimbursement rates differ just as much, with some states paying per mile and others paying a flat amount.
The underlying principle is the same, payment at the time of service to make the subpoena enforceable, but the dollar figure on your check is controlled by the law of the state that issued it. If the amount looks unusually low, check the fee schedule printed on the subpoena itself or call the clerk of the issuing court.
If You Thought You Were Being Called as an Expert
The $40 rate is for fact witnesses, meaning ordinary people who saw something, signed a document, or otherwise have personal knowledge of events in the case. A surprise subpoena with a small check almost always means you’re being treated as a fact witness.
Expert witnesses work under different rules. An expert giving specialized technical or scientific testimony typically negotiates a fee with the party hiring them, often hundreds of dollars per hour, arranged in advance rather than delivered as a check with a subpoena.5Department of Justice. Fees and Expenses of Witnesses If someone is asking you to testify about your professional expertise and the only compensation offered is $40, call the attorney and clarify what role you’re being put in.
If the Subpoena Only Asks for Documents
A subpoena that asks only for documents, with no requirement that you appear in person, generally doesn’t trigger an attendance fee or mileage reimbursement. The witness fee attaches to your physical presence, not to pulling records.
If gathering those documents would actually cost you serious money, pulling archived files, hiring an IT specialist to extract electronic data, or copying thousands of pages, Rule 45 requires the issuing party to avoid imposing undue burden or expense on you, and courts can order them to cover the cost of compliance.3Cornell Law School. Federal Rules of Civil Procedure Rule 45 Raise the issue with the court early rather than absorbing the cost quietly.
Is the Check Taxable?
Yes. The IRS treats attendance fees as reportable income, and if you receive $600 or more in witness payments from a single payer in a tax year, that payer must issue a Form 1099.6Internal Revenue Service. Fees and Costs for Summoned Witnesses A one-day appearance at $40 won’t come close to that threshold, but a long trial or multiple proceedings in the same year could.
The mileage portion is meant to reimburse what you actually spent, and to that extent it’s generally not additional income. Keep track of your real driving distance along with any toll and parking receipts. If the reimbursement runs higher than what you actually spent, the difference may be taxable. For most one-time witnesses the tax impact is minor, but knowing the fee counts as income keeps it from being a surprise later.