Also known as: mileages · mileage allowance · mileage reimbursement
Written by attorneys · grounded in primary & secondary sources — see below
An allowance paid to a witness or other person for travel expenses incurred in attending court or complying with a subpoena. The amount equals the rate prescribed for federal employees traveling by privately owned vehicle and is computed from a uniform table of distances.
Maurice Marshall, a nonparty witness, received a subpoena commanding his attendance at a hearing. The server, who was over eighteen and not a party, handed him the document but did not tender the one-day attendance fee or the mileage allowance. Because the subpoena issued on behalf of a federal agency, the absence of tender did not invalidate service.
Mohan Malhotra was subpoenaed to testify in a products-liability action pending in a distant forum. After complying, he sought the statutory mileage allowance for the miles driven in his personal vehicle. The court calculated the payment using the prescribed federal rate applied to the shortest practical route.
Select any source to read its text and confirm it supports the definition.
Meredith Maxwell, a nonparty expert, traveled to testify before the Federal Election Commission. The agency tendered the required one-day fee together with the mileage allowance calculated under the federal-employee rate. No additional tender was required because the subpoena issued on behalf of the United States.
Maria Morales received a subpoena to produce documents in a commercial contract case. The server delivered the subpoena and simultaneously tendered the mileage allowance for the round-trip distance to the courthouse. The tender satisfied the rule even though the hearing was later continued.
Mason McCarthy drove across state lines to testify in a challenge to a mudguard statute. After the hearing he submitted a claim for the mileage allowance covering the distance necessarily traveled. The court approved payment at the prescribed rate without reduction for the interstate character of the trip.
Mariam Mansour was subpoenaed to appear before a congressional committee investigating seating qualifications. The sergeant-at-arms tendered the statutory mileage allowance when serving the subpoena. The payment was required even though the proceeding was legislative rather than judicial.
A server must tender the mileage allowance when the subpoena commands a witness's attendance, unless the subpoena issues on behalf of the United States or a federal officer or agency. The allowance equals the rate prescribed for federal employees using privately owned vehicles.
Supporting sources
Computation uses a uniform table of distances adopted by the Administrator of General Services. The rate is the same as the mileage allowance prescribed for official travel of federal employees under 5 U.S.C. § 5704.
Supporting sources
Yes. The rule states without qualification that fees and mileage need not be tendered when the subpoena issues on behalf of the United States or any of its officers or agencies. Institutional affiliation of the server does not defeat the exception.
Supporting sources
…of evidence in the same manner as authorized under paragraph (3) of this subsection; (5) to pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the United States; (6) to initiate (through civil proceedings for injunctive, declaratory, or other appropriate relief), defend, or…