If you have been subpoenaed as a witness in a Texas civil case, the fee is $10 for each day you attend court, and the party who served the subpoena must pay it at the time of service. Criminal cases pay far more generously through expense reimbursement, and federal courts sitting in Texas pay $40 a day plus mileage. What you receive depends entirely on which court called you and who issued the subpoena.
Civil Cases: $10 a Day, No Mileage
Texas Civil Practice and Remedies Code Section 22.001 sets the civil witness fee at $10 per day of attendance, and the statute explicitly says a witness “is not entitled to any reimbursement for mileage traveled.”1State of Texas. Texas Civil Practice and Remedies Code Section 22.001 – Witness Fees Drive across the county, drive across the state; the number is the same.
The one-day fee has to be paid when the subpoena is served, not after you show up. Texas Rule of Civil Procedure 176.8 backs this up: a court cannot fine or jail you for failing to appear unless the requesting party proves by affidavit that all required fees were paid or tendered.2Texas Courts. Texas Rules of Civil Procedure – Rule 176.8 A subpoena served without the $10 attached may not be enforceable at all.
Only non-party witnesses qualify. If you are the plaintiff or defendant, you do not collect a witness fee for attending your own case. Once you appear, the court or the summoning party can require you to stay from day to day until you are released.
Criminal Cases: Actual Expenses for Out-of-County Witnesses
Criminal cases work on a different model. Article 35.27 of the Texas Code of Criminal Procedure requires the state to reimburse witnesses who live outside the county where the case is being tried, or outside Texas entirely, for reasonable and necessary transportation, meal, and lodging expenses tied to their testimony.3State of Texas. Texas Code of Criminal Procedure Title 1, Chapter 35, Article 35.27 – Reimbursement of Nonresident Witnesses
Reimbursable costs include personal vehicle mileage, commercial transportation, commercial lodging, and meals at actual cost. The Texas Comptroller administers the claims and ties the caps to the federal General Services Administration per diem schedule, which varies by city, so a witness appearing in Houston or Dallas may qualify for a higher lodging rate than one appearing in a rural county.4Texas Comptroller of Public Accounts. Witness Fee Claims Guidelines
To collect, you fill out Comptroller Form 73-316, get it signed by the witness, the county, and the presiding judge, and submit it to the Comptroller’s Judiciary Section. The claim has to be filed within 12 months of the date you were released from further court attendance. Personal vehicle mileage is calculated point-to-point, and you attach the odometer readings or online map printout to your claim.4Texas Comptroller of Public Accounts. Witness Fee Claims Guidelines
Article 35.27 also allows the state or county to advance funds before travel and covers expenses for witnesses called by an indigent defendant.3State of Texas. Texas Code of Criminal Procedure Title 1, Chapter 35, Article 35.27 – Reimbursement of Nonresident Witnesses Witnesses who live in the same county as the trial generally do not qualify unless specific circumstances warrant it.
State Agency Subpoenas Are Different
When a Texas state agency is the one summoning you, Section 22.003 of the Civil Practice and Remedies Code applies instead. The daily fee drops to $1, but the agency has to reimburse mileage at the state employee rate for personal vehicle travel, or cover your commercial transportation costs. If the courthouse is 25 miles or more from your home, the agency also reimburses meal and lodging expenses up to the maximum rates allowed for state employees.5State of Texas. Texas Civil Practice and Remedies Code Section 22.003 – Fees for Witnesses Summoned by a State Agency The total often ends up higher than the flat $10 civil fee.
Federal Court Pays More
If your subpoena is for a federal court sitting in Texas, federal law controls. Under 28 U.S.C. § 1821, a federal witness gets $40 per day of attendance, plus travel time to and from court.6Office of the Law Revision Counsel. 28 USC 1821 – Per Diem and Mileage Generally; Subsistence
Federal witnesses who drive their own vehicle receive mileage at the GSA rate, which for 2026 is 72.5 cents per mile.7Internal Revenue Service. IRS Sets 2026 Business Standard Mileage Rate at 72.5 Cents per Mile, Up 2.5 Cents Tolls, receipted parking, and taxi fares between lodging and transportation terminals are reimbursed at actual cost. If your case requires an overnight stay, you qualify for a subsistence allowance for lodging and meals capped at the local GSA per diem rate.6Office of the Law Revision Counsel. 28 USC 1821 – Per Diem and Mileage Generally; Subsistence
Keep receipts. Common carrier costs must be documented at the most economical rate reasonably available, and any single incidental expense over $25 requires a receipt.8eCFR. Part 21 – Witness Fees
What Happens if You Ignore the Subpoena
Ignoring a valid subpoena has real consequences. In civil cases, failure to comply can be treated as contempt of the issuing court or a district court in the county of service, punishable by fine, confinement, or both. That said, a court cannot fine you or issue an attachment for your arrest unless the requesting party can show the witness fee was actually paid or tendered.2Texas Courts. Texas Rules of Civil Procedure – Rule 176.8 No $10, no enforcement.
Criminal cases have their own scale. Under the Code of Criminal Procedure, a witness who refuses to obey a subpoena faces a fine of up to $500 in a felony case or up to $100 in a misdemeanor case. An out-of-county witness who refuses can be fined up to $500, and the court may issue an attachment to compel appearance.9State of Texas. Texas Code of Criminal Procedure Chapter 24 – Subpoena
Expert Witnesses Are Not Covered by These Fees
The numbers above apply to fact witnesses, meaning people testifying about events they observed or documents they handled. Expert witnesses retained to give professional opinions are paid through private fee arrangements with the hiring attorney and commonly bill hundreds of dollars per hour. The $10, $40, and per diem caps do not apply to them. In federal cases, the Department of Justice compensates government expert witnesses at rates set by the Attorney General under 28 U.S.C. § 524 through negotiation.6Office of the Law Revision Counsel. 28 USC 1821 – Per Diem and Mileage Generally; Subsistence
Your Job While You’re at Court
Texas does not have a broad statute requiring private employers to give you paid time off to comply with a subpoena. Hourly workers can generally have their pay docked for time missed, though firing someone specifically for obeying a subpoena could raise wrongful termination concerns.
For salaried employees classified as exempt under the Fair Labor Standards Act, the Department of Labor has said employers may not deduct from an exempt employee’s salary for absences caused by witness attendance under subpoena. The employer can offset the witness fee against your salary for that week, but base pay stays intact.10Department of Labor. Opinion Letter December 2, 1993 Showing up voluntarily rather than under subpoena is treated as a personal absence and follows different rules.