Legal Definitions - witness fee

A witness fee is a payment provided to an individual who is legally required to appear in court, at a deposition, or at another formal legal proceeding to give testimony. This fee is intended to compensate the witness for their time and travel expenses incurred due to their obligation to participate in the legal process. The amount of the witness fee is typically set by statute or court rules and is not a negotiated payment.

• Example 1 (Civil Case): Sarah receives a subpoena to testify in a civil lawsuit concerning a car accident she witnessed. She has to take a half-day off from her job and drive 25 miles to the courthouse. The party who subpoenaed her provides a witness fee to cover her mileage and a statutory amount for her time away from work, ensuring she is not financially penalized for fulfilling her civic duty.

  Explanation: This illustrates a witness fee compensating Sarah for her travel expenses (mileage) and the time she lost from her employment due to her mandatory appearance in a civil court case.

• Example 2 (Criminal Case): Mark, a store manager, is called to testify for the prosecution in a shoplifting trial after identifying the suspect from security footage. He spends several hours at the courthouse waiting to be called to the stand. The court clerk issues him a witness fee, which helps cover his public transportation costs and acknowledges the time he spent away from his business responsibilities.

  Explanation: Here, the witness fee covers Mark's travel expenses (public transportation) and compensates him for the time he dedicated to appearing in a criminal proceeding, as required by law.

• Example 3 (Deposition): During a complex business dispute, an accountant who previously handled financial records for one of the companies is subpoenaed to give a deposition at a law firm. The deposition lasts for three hours. The party requesting the deposition pays the accountant a witness fee to compensate for their time spent providing testimony and for their travel to and from the law firm's office.

  Explanation: This example demonstrates that witness fees are also applicable to depositions, not just court appearances, covering the accountant's time and travel for their legally required testimony outside of a courtroom setting.