Witness fee requirements

Under 1955.34, the party at whose instance the witness appears must pay the witness fees.

• This means the side that calls or subpoenas the witness is responsible for the fees and mileage that would be paid to witnesses in United States courts.
• See also the general Part 1955 authority for the procedures this section is part of.

Under 1955.34, the witness for a deposition is paid by the party at whose instance the witness appears.

• In addition, the person who actually takes the deposition is paid by the party at whose instance the deposition is taken.
• In practice that means the party who requests the deposition generally pays both the witness's appearance/mileage and the deposition-taker's fees.

Under 1955.34, witnesses and deposition-takers must be paid the same fees and mileage that are paid to witnesses in the courts of the United States.

• The section ties the required payment amounts to whatever the federal courts pay for witness fees and mileage; parties should check the current federal witness fee and mileage schedule (for example, through the clerk of the relevant U.S. district court) to determine the exact amounts.

Under 1955.34, witnesses—"including witnesses for depositions"—must be paid the same fees and mileage as paid to witnesses in U.S. courts.

• That language covers witnesses generally, but whether an expert's professional or customary expert consulting fee is payable beyond the standard federal witness fee depends on court practice or other controlling rules; the section requires at least the federal witness/mileage amounts.
• Parties should confirm expectations for expert compensation in advance and, if necessary, seek agreement or guidance from the hearing official.

Under 1955.34, the party at whose instance the witness appears pays the fees.

• If both parties separately request the witness to appear, each party is responsible for the fees attributable to the appearance they caused.
• To avoid confusion, parties often agree in writing ahead of time who will pay or split fees.

Under 1955.34, the person taking the deposition is paid by the party at whose instance the deposition is taken.

• If the agency or Assistant Secretary requests and takes the deposition, the agency would be the party responsible for paying the deposition-taker and witness fees in that instance.

Under 1955.34, mileage (and the fees set for witnesses in U.S. courts) must be paid to witnesses.

• The section specifically mentions mileage as part of the required payment; parties should follow the mileage rules and rates applicable in U.S. courts to determine the reimbursable amount.

Under 1955.34, witnesses must be paid the same fees and mileage as paid witnesses in U.S. courts; parties may agree to pay more but should not pay less than the federal-court equivalent.

• In practice, parties sometimes agree to alternative arrangements (for example, advance payment or higher compensation), but those agreements should not result in the witness receiving less than the court-equivalent fees unless the witness expressly waives them.

Under 1955.34, the regulation requires payment of the appropriate fees and mileage but does not specify exact timing for payment.

• Because timing is not specified, common practice is to pay fees at the time of appearance or as ordered by the hearing officer; advance payment can be used to ensure a witness will appear.
• If timing is in dispute, seek direction from the presiding official to avoid delays.

Under 1955.34, the requirement is that witnesses be paid the same fees and mileage as witnesses in U.S. courts.

• Whether a public employee may receive or keep such fees can depend on other rules or the employee's agency policies; the section itself does not address agency-specific compensation rules for public employees.
• To resolve such situations, check the employing agency's policies or seek legal advice about any applicable statutory exceptions.

Under 1955.34, witnesses, including witnesses for depositions, are to be paid the same fees and mileage that are paid to witnesses in U.S. courts.

• The regulation covers depositions generally; for remote or telephone depositions, parties should follow the federal-court practice on compensation for witness time and any travel mileage (which may be zero) and, if unclear, clarify payment arrangements before the deposition.

Under 1955.34, the party that caused the witness to appear must pay the required fees and mileage; if fees are not offered, the witness may refuse to appear.

• To avoid refusal or delays, offer the required federal-equivalent fees in advance or at the time of appearance.
• If a dispute arises over payment, seek the presiding official's guidance to prevent obstruction of the proceeding.

Under 1955.34, the party at whose instance the witness appears must pay fees and mileage equivalent to what witnesses receive in U.S. courts.

• The regulation explicitly covers mileage; subsistence (lodging/meals) is not named, so parties should follow the applicable federal-court practice for out-of-state witnesses or make advance arrangements with the witness and document the agreement.

Under 1955.34, the payment rule applies to witnesses in these Part 1955 proceedings and charges the party at whose instance the witness appears with paying the court-equivalent fees and mileage.

• The section is part of the procedures for withdrawal of approval of State plans; it applies equally to either party (for example, the State or the Assistant Secretary) when they cause a witness to appear.