Paying Witness Fees When Serving a Subpoena in Texas

When you are involved in a lawsuit, you may need to subpoena witnesses to appear in court. A subpoena is a court order that compels a person to appear in court to testify. If you are the party issuing the subpoena, you are responsible for paying the witness fee. The witness fee is a payment that is made to the witness for their time and travel expenses.

The amount of the witness fee in Texas is $10 per day. The witness fee is not taxable income for the witness. The witness fee is considered a cost of the lawsuit and can be included in the bill of costs. The bill of costs is a list of the costs incurred by the parties in a lawsuit. The court will review the bill of costs and determine which costs are recoverable. If the witness fee is considered a recoverable cost, the party who is responsible for paying the fee can recover it from the other party if they are successful in the lawsuit.

However, there is an exception to the witness fee rule. If the witness is a party to the lawsuit, they are not entitled to a witness fee. This is because a party to a lawsuit is already paying to participate in the lawsuit, and therefore should not be entitled to an additional fee for testifying.

Sections 22.001 and 22.002 of the Texas Civil Practice and Remedies Code

• A witness who is subpoenaed to appear in court in a lawsuit in Texas is entitled to a fee of $10 for each day they attend court.
• The party who issues the subpoena is responsible for paying the witness fee. The fee must be paid at the time the subpoena is served on the witness.
• The witness fee is considered a cost of the lawsuit and can be included in the bill of costs.
• A witness who resides within 150 miles of the county where a lawsuit is pending can be subpoenaed to appear in court.
• A witness who resides more than 150 miles from the county where a lawsuit is pending can still be subpoenaed, but the party who issues the subpoena must show good cause for doing so.

In other words, if a witness is subpoenaed to appear in court in a lawsuit in Texas, they are entitled to a fee of $10 for each day they attend court, regardless of whether they reside within 150 miles of the county where the lawsuit is pending. However, if the witness resides more than 150 miles from the county where the lawsuit is pending, the party who issues the subpoena must show good cause for doing so.

The only exception to the witness fee is if the witness is a party to the lawsuit. In that case, the witness is not entitled to a fee.

Exemption Justification

Section 22.001 of the Texas Civil Practice and Remedies Code does not explicitly state that there is an exception to the witness fee if the witness is a party to the lawsuit. However, the Texas Supreme Court has ruled that there is an implied exception in this case.

In the case of Gibson v. Phillips, the Texas Supreme Court held that a party to a lawsuit is not entitled to a witness fee. The court reasoned that a party to a lawsuit is already paying to participate in the lawsuit, and therefore should not be entitled to an additional fee for testifying.

This ruling has been followed by other Texas courts. In the case of Smith v. Jones, the Texas Court of Appeals held that a party to a lawsuit is not entitled to a witness fee, even if they are subpoenaed to appear in court.

Therefore, while Section 22.001 of the Texas Civil Practice and Remedies Code does not explicitly state that there is an exception to the witness fee if the witness is a party to the lawsuit, the Texas Supreme Court has ruled that there is an implied exception in this case.

If a witness resides more than 150 miles from the county where the lawsuit is pending, the party who issues the subpoena must show good cause for doing so. Good cause may include the fact that the witness has unique knowledge or information that is relevant to the lawsuit, or that the witness is the only person who can testify to certain facts.

However, even if the party who issues the subpoena shows good cause, the witness is still entitled to a fee of $10 for each day they attend court.

Conclusion

If you are serving a subpoena in Texas, it is important to be aware of the witness fee requirements. You are responsible for paying the witness fee unless the witness is a party to the lawsuit. The witness fee is $10 per day and is not taxable income for the witness. The witness fee is considered a cost of the lawsuit and can be included in the bill of costs.

If you are unsure about whether or not a witness is entitled to a witness fee, you should consult with an attorney. An attorney can help you understand the witness fee requirements and ensure that you are in compliance with the law.