Witnesses - Right To Compensation

Compensation for witnesses is governed by statute and is not designed to reward them for testifying. Its purpose is merely to pay their expenses while they are away from home or work. A witness must be in attendance in the court to be entitled to compensation, even in cases where he is not called upon to testify or proves to be incompetent to serve as a witness.

Witnesses who are subpoenaed are usually entitled to travel expenses. Compensation for voluntary attendance depends upon state law. Some statutes provide that a witness who attends voluntarily without being subpoenaed is entitled to a daily allowance and mileage, while other state laws provide only a daily allowance, or no compensation at all.