2008 Federal Witness Fees Increase

On November 27, 2007 the Internal Revenue Service issued the 2008 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business.

The federal witness fee will be affected in 2008 by the increase to .50.5 cent per mile. The 2008 witness fee will be $40.00 per day plus 50.5 cents per mile from the witness' residence to the place of appearance.

Beginning Jan. 1, 2008, the standard mileage rates for the use of a car (including vans, pickups or panel trucks) will be:

The new rate for business miles compares to a rate of 48.5 cents per mile for 2007.

This new rate affects the federal witness fee that must be tendered to a witness when served with a federal subpoena because the mileage fee is cross-referenced to 18 USC § 1821 and 5 USC § 5704, the laws governing reimbursement to governmental workers and adopted by the General Services Administration.  See the article, "What is the Witness Fee for Federal Subpoenas?" that describes how the witness fee is calculated.

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