How Much Does It Cost to Subpoena Someone?

On average, the cost to subpoena someone in the United States ranges from $50 to $300. It depends on some factors such as the method of service, travel distance, and witness fees. Costs can increase if the subpoena involves document production, multiple service attempts, or urgent delivery.

With over 15 years of experience, OnCall Legal has helped thousands of clients handle subpoenas efficiently and legally. Our team specializes in nationwide subpoena services, ensuring proper document service while maintaining transparent and predictable costs. If you need help serving someone, you can schedule a consultation with us today to speak directly with a professional process server.

In this article, we’ll explain what it costs to subpoena someone, what affects those costs, and how to avoid unnecessary expenses during the process.

What Is a Subpoena and How Does It Work?

A subpoena is a legal document issued by a court clerk or attorney that requires a person to either appear and testify or produce documents relevant to a legal proceeding. There are two primary types: a subpoena ad testificandum, which compels a witness to testify, and a subpoena duces tecum, which requires the recipient to produce records or other material evidence.

Costs arise because the subpoena must be formally issued, delivered, and sometimes enforced through the court system. Whether the subpoena is used in civil matters, criminal cases, or proceedings in a United States district court, the party requesting the subpoena is responsible for ensuring it is properly served and for paying associated witness fees and service expenses.

According to an experienced process server at OnCall Legal, “Most clients assume the court handles delivery, but in reality, the party requesting the subpoena is responsible for arranging and paying for service.”

Factors Influencing the Cost of Issuing a Subpoena

From jurisdiction and location to witness fees and documentation, there are various factors that influence the cost of issuing a subpoena. You need to understand these factors and how they affect the subpoena cost so you can make informed decisions. The factors include:

1. Jurisdiction and Location

The geographic location of the subpoenaed person may significantly affect the cost of subpoenaing someone. Serving subpoenas in rural areas often involves higher costs due to longer distances and difficulties in accessibility. Internationally served subpoenas may add extra costs due to compliance with international agreements, shipping, and other complexities.

2. Method of Service

The method of subpoena service is the primary factor that influences the overall subpoena cost. Different methods involve different processes and, consequently, incur varying costs. Let’s look at some of them below.

• Personal Service: This method involves the physical delivery of the subpoena to the recipient. You may need to hire a process server or a law enforcement agent to ensure compliance with the service rules in your jurisdiction. Personal service is considered the most effective as the witness subpoenaed directly receives the subpoena, making it easy to get proof of service. Personal service of a subpoena costs an average of $50 – $150, relatively more costly than other methods. Additionally, under Rule 45 of the Federal Rules of Civil Procedure, a subpoena that requires a person to appear must be served together with the required witness fee and mileage payment.

• Service by Mail: Here, the subpoena is served through the postal service and requests proof of receipt from the recipient. Costs include postage fees and the additional cost for the return receipts. To serve a subpoena via certified mail costs around $10.

• Electronic Method: This method allows you to send a subpoena through digital means such as email. It’s the fastest and most cost-effective method to serve a subpoena, costing as low as $5. The document can be transmitted instantly, reaching the recipient within a few seconds, regardless of the location. Costs include internet connection and access to delivery or messaging platforms.

3. Travel and Accommodation

Mileage fees: For subpoenas served across long distances, the witness shall be entitled to a mileage fee of up to twenty cents ($0.20) per mile from the party requesting the subpoena. Furthermore, serving subpoenas across state lines involves additional administrative work and sometimes coordination with courts in the receiving state.

Accommodation fees: Where the recipient’s location requires the process server more than a day to deliver the subpoena, accommodation expenses might arise. The cost of accommodation may vary between $50 to $400 per night, depending on the location and standard.

Incidental Expenses: This includes additional costs that may arise during the delivery of a subpoena. They may include parking fees, reimbursement for meals, toll fees, etc.

4. Research and Time

In some cases, issuing a subpoena requires significant research, particularly when it comes to identifying the current location of the potential recipient of the subpoena. This process might involve the service of skip tracing or private investigators, especially when the witness subpoenaed is trying to avoid detection.

Private investigators have access to databases and tools that can help them fish out people’s locations. The cost of hiring a private investigator, the length of time, and the resources required for the research and investigation all contribute to the cost of issuing a subpoena.  

From research to the delivery of a subpoena and everything in between, it may take some time to subpoena someone. However, you can hire a trustworthy and experienced subpoena service provider to expedite the whole process.

5. Witness Fees

According to the California Department of Industrial Relations, a witness subpoenaed is entitled to a witness fee of $35 for each day’s court appearance and a mileage fee of 20 cents per mile to cover their travel expenses. They’re also entitled to a per diem allowance of $3 per day to cover basic sustenance and other costs the individual might incur to participate in the legal proceedings for each day of actual court attendance. The party requesting the subpoena pays the witness fees.

6. Preparation and Documentation

The various processes that go into the preparation and documentation of the subpoena might also incur some costs. You may have to pay for copying, retrieving, and processing documents. Drafting the subpoena attracts costs as it may require that you involve a legal professional to help you maintain compliance with legal procedures and regulations while including accurate information.

Beyond drafting the subpoena, an attorney can also offer other services like review and legal advice during the preparation and documentation of the subpoena, which may attract extra legal fees. The exact cost depends on the agreement between you and your attorney.

Typical Subpoena Service Fees by Method

Common Additional Costs Associated with Subpoenas

Beyond the basic service fee, there are several other expenses that can affect how much it costs to subpoena someone.

Filing Fees, Witness Fees, and Mileage

In many courts, especially federal courts, a subpoenaed witness is entitled to a standard witness fee and mileage reimbursement. In some jurisdictions, witnesses receive a daily payment plus travel reimbursement calculated per mile. These fees must be paid by the party requesting the subpoena at the time of service.

Legal Fees and Court Costs Associated with Subpoenas

Court filing fees for issuing subpoenas can range from $20 to $100 or more, depending on the jurisdiction and whether the subpoena is filed in a state court or a United States district court. If a subpoena must be enforced through motions or hearings, attorney fees and additional court costs may apply.

Refusal of Service and Multiple Attempts

If a person avoids being served or refuses delivery, process servers may need to make multiple visits or document attempts before alternative methods are permitted. This increases both time and cost.

In a situation where an individual tries to quash a subpoena or refuses to respond appropriately, additional costs may apply. The recipient of a subpoena reserves the right to file a motion to quash a subpoena if they have a legally valid ground to challenge its validity. The legal processes involved in quashing a subpoena may attract several costs, which may include:

• Legal costs for hiring an attorney to defend your interests in court
• The cost of attending additional court hearings
• Potential appeal costs should the court rule against the proponent of the subpoena.

In a case where the subpoenaed individual refuses to comply with the terms of a subpoena, you can obtain a court order to enforce compliance, but you may also need to pay some legal fees to initiate this process.

Ways to Minimize Subpoena Costs

While some of the component subpoena costs are not in your hands to decide, there are still some steps you can take to potentially reduce what it costs to subpoena someone. Here are some of the recommended steps.

1. Plan effectively. Before issuing a subpoena, take time to thoroughly understand the information and evidence you need to present in the subpoena. Find out the relevant documents, testimonies, and records that bolster your case. Additionally, make sure you’re clear and precise while drafting a subpoena. State your requests clearly, specifying the type of information you’re seeking. Include the relevant names, dates, locations, and other necessary details to help the recipient understand your request. The idea is to minimize possible ambiguity, help the recipient deliver the right information, and minimize the chances of quashing the subpoena, which may cost you money to start all over or may even affect the outcome of your case.
2. Use digital subpoena services. As long as it’s allowed in your jurisdiction, use the electronic method of service to deliver your subpoena. Taking advantage of digital technologies like email to deliver the subpoena can help you save costs and time. Digital subpoena services can also ease location limitations, as you don’t need to travel to deliver the document. Provided there’s an internet connection and the recipient has access to digital technology, you can serve them no matter their location.
3. Consolidate many requests. If you need multiple witnesses and documents from a single location, you should serve them all at once. For example, if the individuals you want to summon belong to the same family, company, or organization, you can serve them all simultaneously. This approach saves time and resources that would otherwise be spent preparing separate documentation and trips for each individual. However, you need to pay more attention to your communication here to make sure that everyone is aware of your expectations, so as to avoid confusion.
4. Seek legal advice. A legal professional or an experienced process server already understands the different ways you can minimize costs while serving a subpoena. They’re better placed to advise you on the procedure to take to reduce costs. In addition, they can help avoid unnecessary costs by ensuring compliance while serving your documents.

Types of Subpoenas

There are two major types of a subpoena: subpoena ad testificandum and subpoena duces tecum.

Subpoena Ad Testificandum: This type of subpoena requires an individual to appear before the court as a witness and testify before a legal sitting; hence, the Latin word “ad testificandum,” which translates to English as “to testify.”

Subpoena Duces Tecum: The Latin term “Duces Tecum” means “bring with you.” Subpoena duces tecum requires the witness subpoenaed to produce documents, records, or other pieces of evidence relevant to the legal proceedings. This type of subpoena must be properly served within the provisions of the Code of Civil Procedure.

Our Step-by-Step Process for Serving a Subpoena

At OnCall Legal Process Servers, we’ve developed a proven, repeatable framework to ensure subpoenas are issued, delivered, and documented correctly the first time. This process is based on more than 15 years of real-world experience handling subpoenas across multiple jurisdictions and court systems. Following these steps helps reduce delays, avoid unnecessary costs, and ensure your subpoena is properly served and legally enforceable.

Step 1: Confirm the Type of Subpoena You Need

The first step is determining whether you need a subpoena ad testificandum to compel a witness to testify or a subpoena duces tecum to request documents or records. This distinction matters because the scope of the request directly affects preparation time, service requirements, and total cost. Clarifying this early prevents errors that could lead to rejected filings or repeated service attempts.

Step 2: Gather Accurate Information About the Recipient

Before issuing a subpoena, you should collect the recipient’s full legal name, current address, workplace details, and any additional identifying information. Incomplete or outdated information is one of the most common reasons subpoenas are delayed or improperly served. Accurate details help process servers locate the person quickly and reduce the need for costly skip tracing or additional attempts.

Step 3: Prepare and Issue the Subpoena Through the Proper Court

The subpoena must be prepared in the correct legal format and issued by the appropriate court or attorney authorized to sign it. This step often includes coordinating with a court clerk, selecting the correct form, and ensuring the subpoena clearly specifies what the witness must do—whether to appear, testify, or produce documents. Errors at this stage can cause the subpoena to be challenged or rejected during proceedings.

Step 4: Arrange Professional Service to Ensure Legal Compliance

Once issued, the subpoena must be delivered in a way that complies with local laws and court rules. Hiring a professional process server helps ensure the document is served according to jurisdictional requirements and that proof of service is properly documented. This step is critical because an improperly served subpoena may not be enforceable in court.

Step 5: Pay Required Witness Fees and Mileage at the Time of Service

In many jurisdictions, the law requires that witness fees and mileage reimbursement accompany the subpoena when it is served. Failing to provide the correct payment at the time of delivery can invalidate the service and require the process to start again. Ensuring the correct fee is calculated and paid helps avoid delays and additional service costs.

Step 6: Monitor Service Status and Document All Attempts

After service is initiated, it is important to track progress and maintain records of every attempt made to deliver the subpoena. Courts often require proof that reasonable efforts were made if the recipient cannot be located or refuses service. Professional process servers provide affidavits and detailed logs, which protect you if enforcement actions become necessary later.

Step 7: Follow Up and Enforce the Subpoena if Necessary

If the subpoenaed witness fails to appear, refuses to produce documents, or attempts to avoid service, additional legal steps may be required. This can include filing a motion to compel compliance or requesting court enforcement. Having clear documentation from earlier steps ensures you have the evidence needed to support enforcement without repeating the entire process.

Ready to Get Your Subpoena Served Quickly and Correctly?

Understanding how much it costs to subpoena someone helps you plan your case strategy, avoid delays, and ensure your evidence and witnesses are available when needed. By working with professionals, you can prevent costly mistakes, missed deadlines, and rejected service attempts. If you want your subpoena handled efficiently and legally, partnering with an experienced process server is the safest choice.

Our experienced process servers have helped law firms, businesses, and individuals for more than 15 years, building a reputation for accuracy and reliability. We understand court requirements, jurisdictional differences, and the importance of timely service in both civil and criminal cases. Contact us today to get a clear quote and have your subpoena handled without unnecessary delays.

Frequently Asked Questions

With more than a decade of real-world subpoena service experience, we regularly answer these questions for clients seeking to understand the process before proceeding. Our team handles subpoenas daily across multiple jurisdictions, which gives us practical insight beyond what most legal guides provide. Below are straightforward answers based on actual cases and current court practices.

How Much Does It Typically Cost to Serve a Subpoena?

The cost to serve a subpoena typically ranges between $50 and $150 for standard personal service, though complex cases can exceed that range. Additional expenses such as witness fees, mileage, and rush delivery may increase the total cost. The party requesting the subpoena is responsible for paying these fees at the time of service.

Are There Additional Fees if the Subpoena Is Served Out of State?

Yes, serving a subpoena across state lines usually involves additional administrative and travel expenses. Courts may require domestication or registration of the subpoena before it can be legally served, which adds filing and processing fees. Process servers must also coordinate with local jurisdictions, which can increase both cost and time.

What Happens if the Subpoena Recipient Refuses Service?

If a subpoenaed person refuses to accept the documents, the process server will document the refusal and may attempt alternative service methods allowed by law. Multiple attempts to serve the recipient can increase the total cost because each attempt involves time and travel expenses. In some cases, a court order may be required to enforce compliance, which can add legal fees.

Can I Serve a Subpoena on Weekends?

In many jurisdictions, subpoenas can be served on weekends, but availability depends on local laws and whether the sheriff or private process server is handling the service. Weekend or after-hours service may involve additional fees due to non-standard working hours. These services are often requested when documents must be served faster to meet court deadlines.

How Long Does It Usually Take to Serve a Subpoena?

Routine subpoena service typically takes between one and seven days, depending on the recipient’s availability and location. Rush service options can shorten this timeline to same-day or next-day delivery, but will increase the overall cost. Delays may occur if the recipient is difficult to locate or avoids service attempts.

Legal Disclaimer

This article is provided for informational purposes only and does not constitute legal advice. Subpoena laws, witness fees, court costs, and service requirements vary by jurisdiction, court, and case type. You should consult with a qualified attorney or professional process server to understand the specific rules and costs that apply to your situation before taking legal action.