50-State Subpoena Witness Fee & UIDDA Out-of-State Domestication Reference Chart

1. Complete 50-State Subpoena Witness Fee, Mileage & UIDDA Statute Reference Chart

Failing to tender the statutory witness attendance fee and mileage when serving a subpoena gives non-party witnesses and corporate legal departments immediate grounds to move to quash. Verify all 50 state witness fee formulas and UIDDA statutes below:

2. Step-by-Step UIDDA Out-of-State Subpoena Domestication Workflow

When your lawsuit is pending in one state trial court and you need testimony or records from a witness, hospital, or corporation in another state, follow this four-step UIDDA domestication workflow:

1. Identify the Deponent's County: Submit the foreign subpoena to the Trial Court Clerk in the specific county where discovery is conducted.
2. Prepare the Discovery-State Form: Mirror the exact terms and production schedule from your forum subpoena onto the discovery state's subpoena form, listing all counsel of record.
3. Ministerial Clerk Issuance: Submit the foreign subpoena and local form to the county clerk (or have local counsel issue it directly in NY under CPLR § 3119 or NJ under Rule 4:11-4(b)).
4. Personal Service with Statutory Fee: Our local process server delivers the subpoena under Rule 45, attaches the required witness or custodian fee ($10 cash in TX under CPRC § 22.001; $15 records fee in CA under Evid. Code § 1563(b)(6)), and returns Proof of Service.

3. Why Subpoenas Get Rejected at the Door: Real Field Rejection Audits

• Hospital Lobby vs. Off-Site HIM Redirects: Hospitals refuse subpoenas at clinical desks and redirect couriers to Release of Information (ROI), Health Information Management (HIM), or Risk Management suites.
• Missing Cash or Check Witness Fee Tender: In Texas, a civil subpoena served without $10.00 cash (CPRC § 22.001)—or $1.00 attached to a business records subpoena (CPRC § 22.004)—cannot support contempt. Federal subpoenas under FRCP Rule 45(b)(1) require $40.00/day (28 U.S.C. § 1821) plus GSA mileage for personal appearance.
• Parent Insurance Brand vs. Underwriting Subsidiary: CT Corporation System and CSC match the exact entity name printed on the subpoena against Secretary of State records; naming a parent brand triggers a rejection.
• Receptionist "Portal Only" Claims: Front-desk staff often claim subpoenas must go through an online portal, which rarely satisfies Rule 45 personal service for a motion to compel.

4. Proof of Subpoena Service & Witness Fee Itemization

Under FRCP Rule 45(b)(4) and state Rule 45 rules, proving subpoena service requires filing a statement showing the date, manner of service, and person served. In states where a witness or custodian fee is tendered—including Texas (TRCP Rule 176.5(b)), California (CCP § 1987), New York (CPLR § 2303), Illinois (735 ILCS 5/2-1101), and Oregon (ORCP 55 D)—our Proof of Service itemizes the exact witness fee check or cash handed to the recipient.

5. Subpoena & UIDDA Edge-Case Q&A (FAQ)

Do business-records-only subpoenas require a daily attendance fee?

Records-only subpoenas that do not command personal appearance generally omit the daily attendance/mileage fee, though California ($15.00, Evid. Code § 1563(b)(6)), New York ($15.00, CPLR § 8001(b)), and Texas ($1.00, CPRC § 22.004) impose statutory records fees.

Can yfield servers advance the statutory witness fee check or $10 cash?

Yes. Note your witness fee requirement on our /order form, and our local server will tender the exact statutory cash or check amount upon delivery and record it on the Return of Service.