Question 1

How much is the witness fee for an Alaska subpoena?

Accepted Answer

Administrative Rule 7(a) gives a witness a fee of $12.50 if attendance, including the time necessarily occupied in traveling from the witness's residence to the place of attendance and returning, requires not more than three consecutive hours. If attendance requires more than three consecutive hours, the witness receives $25.00 for each day of attendance. The Alaska Court System's booklet CIV-109 repeats the same two figures and the same three-hour line, so the practical test is how much of the witness's time the appearance will consume door to door.

Question 2

When does an Alaska subpoena have to cover the witness's travel?

Accepted Answer

Only past 30 miles. Administrative Rule 7(b) provides that every witness who is required to travel in excess of 30 miles from the witness's residence is entitled to receive reimbursement for round-trip travel from the residence to the place of court at the rate allowed for state employees. Inside 30 miles, no travel payment is owed. Because the rule points at the state-employee rate rather than naming a cents figure, the current per-mile amount should be confirmed with the clerk before the check is written.

Question 3

Does the witness fee have to be paid when an Alaska subpoena is served?

Accepted Answer

Yes. Civil Rule 45(c) requires service by delivering a copy of the subpoena and by tendering the fees for one day's attendance and the mileage prescribed by rule, and form CIV-109 states that a check made payable to the witness for the correct fee must be attached to the subpoena when it is served. Per diem for meals and lodging is the exception and does not have to be handed over at service. Fees and mileage need not be tendered at all when the Alaska subpoena is issued on behalf of the state, a municipality, a borough, a city, or an officer or agency of one of those.

Question 4

Who issues a subpoena in Alaska?

Accepted Answer

The clerk, and only the clerk. Civil Rule 45(a) says every subpoena shall be issued by the clerk under the seal of the court, and that the clerk shall issue an attendance subpoena signed and sealed but otherwise in blank to a party requesting it, who fills it in before service. Alaska has no attorney-issuance route of the kind some states allow. For a deposition subpoena the clerk needs more: under CIV-109 you first serve a notice of deposition on every other party, then show the clerk proof the notice was given, without filing that proof, before the clerk hands over a CIV-115.

Question 5

Which Alaska court forms are used for a subpoena?

Accepted Answer

Three, each for a different job. CIV-111, Subpoena to Appear, orders a witness into court to testify and may not be used to make the witness bring anything. CIV-110, Subpoena to Appear and Produce, orders the witness to bring designated documents or tangible things to the appearance. CIV-115, Subpoena for Taking Deposition, orders testimony at a deposition and can also require documents there. The Alaska Court System also publishes CIV-109, How to Subpoena a Witness, which walks a self-represented party through all three.

Question 6

Can an Alaska witness refuse to attend until the fees are paid?

Accepted Answer

Yes, if the witness asks first. Administrative Rule 7(e) lets witnesses in civil cases demand the payment in advance of their travel expense and their per diem fee for one day, and provides that when so demanded they shall not be compelled to attend until the allowances are paid. The exception is a subpoena issued by the state, a municipality, a borough, a city, or an officer or agency of one of those. For an Alaska party, that makes the advance demand a real scheduling risk worth pricing in before the hearing date is set.

Question 7

How far can an Alaska subpoena require a witness to travel?

Accepted Answer

Alaska draws the line by judicial district rather than by miles. Civil Rule 45(d)(2) allows a resident of the judicial district where a deposition is to be taken to be required to attend anywhere within that district, and allows a nonresident of the district, or a nonresident of the state who is served inside the state, to be required to attend anywhere in the district where they were served, unless the court orders otherwise. For a hearing or trial, Rule 45(e) permits service at any place within the state. The 30-mile figure in the Alaska fee rule is about reimbursement, not about reach.

Question 8

How can someone served with an Alaska subpoena push back on a document demand?

Accepted Answer

Civil Rule 45(d)(1) lets the recipient serve written objection to inspection or copying within 10 days after service, or on or before the compliance time if that time is shorter than 10 days, and once objection is made the serving party cannot inspect or copy except by court order. Rule 45(b) separately lets the court void or modify a documents subpoena that is unreasonable and oppressive, or condition denial of that motion on the requesting party advancing the reasonable cost of production. Failure without adequate excuse to obey an Alaska subpoena may be deemed contempt under Rule 45(f).

Alaska Subpoena

Find out where you stand in Alaska

Introduction

Key Things to Know

Key decisions before you file

Customize your Subpoena Template with DocDraft

Alaska Requirements for Subpoena

Witness Fee of $12.50 or $25.00 by the Hour

Travel Paid Only Past 30 Miles

Check Attached at Service

Clerk Issues Under Seal

Forms CIV-110, CIV-111 and CIV-115

Witness May Demand Fees in Advance

Attendance Set by Judicial District

10-Day Objection and Contempt

Frequently Asked Questions