Who pays travel expenses when subpoenaed?
An Overview of Travel Expenses When Subpoenaed
Understanding who is responsible for travel expenses when subpoenaed is crucial for individuals who need to appear before court, especially when the distance imposes a significant cost. The specifics can sometimes vary based on several factors, such as the jurisdiction, the type of case, and the nature of the subpoena.
General Principle: Responsibility of the Party Issuing the Subpoena
In general, when a person is subpoenaed, it is usually the responsibility of the party issuing the subpoena to cover “reasonable” travel expenses. Typically, the subpoenaed party has the right to request and receive a witness fee for every day they attend court, along with compensation for the mileage traveled. However, the definition of "reasonable" can vary from case to case and jurisdiction to jurisdiction.
Considerations for “Reasonable” Travel Expenses
A subpoena typically includes a minimal fee and travel expenses based on federal or state statutory rates. These rates can fluctuate and are often subject to governmental budget limitations. The "reasonable" cost of travel generally covers basic transportation, such as the cost of fuel for driving or a standard flight ticket. Accommodation and food expenditures may or may not be covered, again depending on specific case circumstances and local law. It's advisable to consult with an attorney to clarify the extent of these expenses.
Exceptions and Restriction
- Certain jurisdictions may have a "100-mile rule," meaning that if you are within 100 miles of the place of trial or hearing, you can be compelled to attend at the issuer's expense. However, if you reside outside this distance, you may not be obligated to obey the subpoena unless the expenses are offered.
- If it's a federal case, Federal Rules of Civil Procedure Rule 45(c) demands that the party issuing the subpoena must bear the cost of traveling beyond 100 miles unless you reside within the state where the court hearing takes place.
Non-compliance Consequences
Failure to comply with a subpoena without a legitimate reason can result in legal repercussions, including contempt of court. If you've been subpoenaed and believe the travel expenses are exorbitant or not adequately covered, you should immediately consult with a legal expert or advocate. A professional can help decipher your rights and obligations and possibly negotiate the compensation package.
Conclusion
In conclusion, it's the responsibility of the subpoenaing party to cover reasonable travel expenses for those called to testify or provide documents. However, the specifics can be subject to varying interpretations based on jurisdiction, legislation, and individual case circumstances. If you find yourself in this situation, seeking legal advice is a wise step in understanding your rights, obligations, and potential financial impact.
