Witnesses and fees

Under 1921.18, the party who subpoenas (the party at whose instance the witness appears) must pay the witness fees and mileage.

• The rule makes the subpoenaing party responsible for paying the fees and mileage; it does not make the agency or the tribunal pay unless that party is the one who caused the witness to appear.
• See the full text in Part 1921 for context.

Under 1921.18, witness fees and mileage must match the amounts paid for like services in the United States District Courts.

• That means you use the District Court schedule for witness fees and mileage applicable to the district where the witness appears.
• For the exact amounts (per diem witness fees or mileage rate), consult the clerk of the appropriate U.S. District Court or that court's fee schedule.

Under 1921.18, the rule requires payment of the same fees and mileage as paid for like services in District Courts, which generally applies to ordinary witness attendance fees and mileage, not expert witness hourly or special rates.

• Expert witnesses in District Courts often charge higher professional or expert fees that are separate from the standard statutory witness fee; those higher expert fees are not described in 1921.18.
• If you expect to rely on an expert who charges professional fees beyond the standard witness fee, plan for that expense separately and confirm whether the tribunal will allow recovery or reimbursement under other rules.

Under 1921.18, 'the party at whose instance the witnesses appear' means the person or side that served the subpoena or otherwise caused the witness to come to the proceeding.

• In practice, that party is responsible for paying the witness fees and mileage.
• If both parties subpoena the same witness, each party is responsible for the witnesses they individually subpoenaed unless the tribunal orders otherwise.

Under 1921.18, the rule states that the fees and mileage "shall be paid by the party at whose instance the witnesses appear," but it does not set a specific payment timetable.

• Common practice is to pay witnesses when they appear (at the hearing) or to reimburse them promptly afterward.
• If you need a precise timing requirement, check the hearing officer's procedures or request the tribunal to order payment timing in advance.

Under 1921.18, the subpoenaing party is responsible for the required fees and mileage, and paying a witness in advance is consistent with the rule though the regulation does not specifically require prepayment.

• Prepayment is an acceptable way to ensure the witness appears and receives the District Court-equivalent fee and mileage.
• Document the payment and the basis (District Court rates) to avoid disputes later.

Under 1921.18, the party who subpoenas the witness pays the fees and mileage, so if the agency issues the subpoena, the agency (or the prosecuting party it represents) is responsible for those payments.

• If the agency subpoenas, expect the agency to cover District Court-equivalent witness fees and mileage.
• If there's uncertainty, confirm with the tribunal or the agency contact who handles witness payments.

Under 1921.18, each party is responsible for the witnesses they subpoenaed, so both parties could be responsible for the witness's fees and mileage as appropriate.

• In practice, the tribunal may coordinate payment or allocate responsibility to avoid double payment; you can ask the hearing officer to resolve payment timing or allocation.
• Keep receipts and records to seek reimbursement if the tribunal later orders one party to pay.

Under 1921.18, the rule does not specify exact dollar amounts; it requires the use of the same fees and mileage as are paid in the United States District Courts.

• To find current amounts, consult the clerk or fee schedule of the relevant U.S. District Court.
• District Court fees (for attendance and mileage) are updated by federal rules or local court orders, so check the applicable district’s current schedule.

Under 1921.18, the regulation covers witnesses subpoenaed by any party and requires payment of fees and mileage as in District Courts; it does not explicitly exclude depositions.

• If a subpoena compels a witness to attend a deposition tied to the proceeding, the party who subpoenas that witness should follow the same requirement to pay District Court-equivalent fees and mileage.
• For procedural details about depositions, review the tribunal’s specific rules or procedures in Part 1921.

Under 1921.18, witnesses are entitled to the District Court-equivalent fees and mileage; if a witness insists on receiving those amounts and the subpoenaing party refuses, the witness may object or refuse to attend.

• To avoid this, pay the District Court-equivalent fee and mileage or obtain a tribunal order addressing payment.
• If a dispute arises, ask the hearing officer to resolve payment obligations before proceeding.

Under 1921.18, nothing prohibits a witness from waiving their right to fees and mileage, so a party and witness can agree to waive payment.

• If a witness voluntarily waives the fee, document that waiver in writing to avoid later claims.
• The regulation only prescribes who must pay when fees are due; it does not forbid voluntary waivers.

Under 1921.18, the regulation specifically refers to "fees and mileage as are paid" in District Courts; it does not explicitly address airfare or lodging.

• District Courts typically cover statutory witness attendance fees and mileage; expenses like airfare or lodging are not governed by the statutory witness fee and are typically handled separately or by agreement.
• If you expect to incur travel costs beyond mileage, make arrangements and document them in advance, and consult the tribunal or applicable court practice for guidance.

Under 1921.18, the party who pays the witness should keep clear records showing payment of the District Court-equivalent fees and mileage.

• Useful documentation includes receipts signed by the witness, a copy of the payment check or electronic transfer, and a voucher showing the basis (District Court rates).
• Keeping clear records helps resolve any later disputes or reimbursement claims.

Under 1921.18, the rule applies to any witnesses subpoenaed by a party, including employees of a party, and requires the subpoenaing party to pay the same fees and mileage as District Courts pay for like services.

• Employers who subpoena their own employees should still provide the District Court-equivalent fees and mileage unless the employee voluntarily waives them.
• Employment-related travel pay or compensation policies might also apply and should be checked separately.

Under 1921.18, the regulation requires parity with fees and mileage paid for like services in District Courts, but it does not assign a specific official to make that comparison—practical application is determined by reference to District Court practice and, if disputed, by the tribunal.

• Consult the local U.S. District Court fee schedule to determine what counts as "like services."
• If there is a disagreement, ask the hearing officer to resolve whether a particular fee or payment matches the District Court standard.

Under 1921.18, the rule requires payment by the subpoenaing party but does not state whether the tribunal may order advance payment; however, tribunals generally have authority to set conditions to secure witness attendance.

• If a witness is refusing to appear without payment, a party can request the hearing officer to order advance payment or other arrangements.
• Confirm the tribunal’s authority in its procedural rules or ask the hearing officer directly.

Under 1921.18, the provision ties witness fees and mileage to the amounts paid in United States District Courts, so it is focused on U.S. District Court practice and does not specifically address foreign hearings.

• For hearings outside the U.S., practical arrangements should be negotiated in advance; District Court rates may not meaningfully apply.
• If international testimony is needed, consult the tribunal for guidance on how to handle fees, travel, and service of process.

Under 1921.18, the regulation places the payment obligation on the subpoenaing party but does not create a direct mechanism for a witness to recover from the tribunal; remedies for nonpayment would typically be pursued against the party who subpoenaed the witness.

• If a subpoenaing party refuses to pay, the witness can ask the hearing officer to order payment or may pursue civil remedies against the party.
• For specific enforcement options, consult the tribunal’s procedural rules or seek legal advice.

Under 1921.18, the regulation plainly states that subpoenaed witnesses "shall be paid the same fees and mileage as are paid for like services in the District courts of the United States."

• You can read the official regulation text at 1921.18 and the broader context in Part 1921.

Under 1921.18, no Letters of Interpretation were provided with this section in the supplied material, so the regulation itself is the guiding text for witness fee obligations.

• When additional detail is needed, consult the tribunal’s procedural rules or the local U.S. District Court practice for how fees and mileage are calculated and paid.
• For uncertainties, parties can request clarification from the hearing officer or legal counsel.