Federal Witness Fee Amounts

The following is information about the financial aspects regarding witnesses. Under 28 U.S.C. § 1821, a $40.00 per day attendance fee is established for a witness in a court of the United States. It also entitles a witness to reimbursement of travel and subsistence expenses in the same amounts payable to a federal government employee for official travel. You may view the complete statute at http://www.law.cornell.edu/uscode/text/28/1821.

The $40 attendance fee is a daily fee. If attendance is required for multiple days, the witness is entitled to the attendance fee for each day their appearance is required.

In addition to the attendance fee, a witness is also entitled to receive compensation for their travel. Title 5 United States Code § 5704 authorizes a mileage fee equal to the mileage allowance which the Administrator of General Services has prescribed. Current mileage rates can be obtained from the United States General Services Administration website at http://www.gsa.gov/mileage.

In addition to mileage, a witness is also entitled to reimbursement of any parking fees incurred.

Sanctions for Failure to Attend a Deposition

The rule governing a party's failure to attend a properly noticed deposition is very clear. "If a party . . . fails . . . to appear before the officer who is to take his deposition, after being served with a proper notice, . . . the court in which the action is pending on motion . . . may take any action authorized under subsections (A), (B), and (C) of subsection (b)(2) of this rule." M.R.C.P. 37(d) (emphasis added). One of the actions authorized by subsection (b)(2) is the issuing of an order "dismissing the action or proceeding or any part thereof, or rendering a judgment by default against the disobedient party[.]" M.R.C.P. 37(b)(2)(C). So under Rule 37, dismissal is an authorized sanction. 

Conservatorship to Probate

Below is Mississippi Code Annotated 91-7-68.  Most people nor attorneys are aware of it but it provides for a conservatorship to be converted to an estate.


Upon the death intestate of any person under legal disability for whom a guardian, conservator or other fiduciary has been appointed by a court of competent jurisdiction and is serving, the judge or clerk of such court, upon proof of death of such person, may issue letters of administration to the already acting fiduciary, unless some relative or other person entitled to administer the estate shall within thirty days after the death of such person apply to the court for such administration. Upon the issuance of letters of administration to the already acting fiduciary, such fiduciary shall thereupon publish notice to creditors and administer the decedent's estate in the manner required by law. Such fiduciary's bond shall continue in force and he shall make only one (1) final account, unless the court, on the motion of any interested party or its own motion, shall require additional bond or accounting.