Do I have to pay a witness fee in small claims court?
Yes, if you subpoena the witness. Most states require you to tender the statutory witness fee and mileage when you serve the subpoena. The amounts are set by statute — for example $35 per day in California, $15 in New York, and $10 in Texas — plus a per-mile travel allowance.
How much are statutory witness fees?
They are modest and vary by state: California $35/day, Illinois $20/day, New York $15/day, Texas $10/day, and Florida and Pennsylvania $5/day, each with a per-mile mileage allowance. These fees compensate ordinary witnesses for showing up, not for their time or expertise.
Are expert witnesses used in small claims?
Rarely, because of the cost. Small claims is designed to be simple and low-cost, and experts charge their full professional rate, which often exceeds what is at stake. Written estimates, repair invoices, and photos usually substitute for live expert testimony.
Can I recover witness fees if I win?
Statutory witness fees and mileage are generally recoverable as court costs added to your judgment. Expert fees are typically not fully recoverable in small claims, so weigh the cost of an expert against the amount you are trying to recover.