Hawaii Subpoena
Hawaii pays a civil witness $30 a day, or $36 a day plus the actual plane or ship fare when the witness flies in from another island, and only the circuit court clerk issues the subpoena. Attorney review available.
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Introduction
Getting a witness to court in Hawaii can mean buying a plane ticket, and the statute says so out loud. Under Haw. Rev. Stat. 607-12(a), a witness who attends and testifies, or is subpoenaed and attends, on the trial of any civil cause in any court is paid $30 for each day's attendance in court. Under subsection (b), a witness coming to attend court from an island other than the one where the court is holding session is entitled to $36 for each day's attendance plus the actual round trip cost of plane or ship travel, with the witness expected to use a common carrier at the most economical rate reasonably available and to furnish a receipt or other evidence of actual cost. Note what the mileage piece does not say: Hawaii never writes a cents-per-mile figure into the statute. It instead pays traveling expenses equal to the mileage allowance that the Administrator of General Services has prescribed under title 5 United States Code section 5704, so the Hawaii number moves whenever the federal allowance moves. Issuance is also narrower here than in most states. Haw. R. Civ. P. 45(a) says every subpoena shall be issued by the clerk of the circuit court of the circuit in which the action is pending, under the seal of the court, and the clerk hands it over signed and sealed but otherwise in blank for the requesting party to fill in before service. Rule 45(c) then makes payment part of service itself: you serve by delivering a copy and tendering one day's fees and the mileage allowed by law. DocDraft builds your Hawaii subpoena from your case details, with attorney review available before the clerk seals it.
Key Things to Know
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A Hawaii subpoena is court process commanding a named person to attend and give testimony at a stated time and place, and it may also command production of books, papers, documents, electronically stored information, or tangible things in a pending circuit court action.
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Every witness attending and testifying, or subpoenaed and attending, on the trial of a civil cause in any Hawaii court is paid $30 for each day's attendance in court (Haw. Rev. Stat. 607-12(a)(1)).
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A witness coming from an island other than the one where the court is sitting gets $36 for each day's attendance plus the actual round trip cost of plane or ship travel (Haw. Rev. Stat. 607-12(b)).
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Hawaii sets no per-mile figure of its own. Travel is paid as the mileage allowance the Administrator of General Services prescribes under title 5 United States Code section 5704, plus actual common carrier expense by the shortest practical route, with a receipt or other evidence of actual cost (Haw. Rev. Stat. 607-12(a)(2), (a)(3)).
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Every Hawaii circuit court subpoena is issued by the clerk under the seal of the court, signed and sealed but otherwise in blank, and the requesting party fills it in before service (Haw. R. Civ. P. 45(a)).
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Service means delivering a copy and tendering one day's fees plus the mileage allowed by law, and no tender is required when the subpoena issues for the State or a county or one of their officers or agencies (Haw. R. Civ. P. 45(c)).
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Failure without adequate excuse to obey a Hawaii subpoena may be deemed a contempt of the court from which it issued (Haw. R. Civ. P. 45(f)), and witness fees may be taxed in the bill of costs under Haw. Rev. Stat. 607-9.
Key decisions before you file
Before you file a Subpoena in Hawaii, a few decisions shape the document: which option to choose and what each one means. The Subpoena guide walks through them.
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Hawaii Requirements for Subpoena
Witness Fee of $30 for Each Day in Court
Every witness attending and testifying, or subpoenaed and attending, on the trial of a civil cause in any Hawaii court is paid $30 for each day of attendance in court (section 607-12(a)(1), Hawaii Revised Statutes). The amount reflects the 2025 amendment to that section.
Inter-Island Witness: $36 a Day Plus Actual Airfare
A witness coming to attend court from an island other than the one where the court is holding session is entitled to $36 for each day of attendance plus the actual round trip cost of plane or ship travel, with the expectation of using a common carrier at the most economical rate reasonably available and furnishing a receipt or other evidence of actual cost (section 607-12(b)).
Mileage Pegged to the Federal Allowance
Hawaii sets no cents-per-mile figure of its own. It pays traveling expenses equal to the mileage allowance that the Administrator of General Services has prescribed under title 5 United States Code section 5704, plus the actual expenses of common carrier travel by the shortest practical route (section 607-12(a)(2), (a)(3)). Use the federal allowance in force on the date of attendance.
Only the Circuit Court Clerk Issues It
Every subpoena shall be issued by the clerk of the circuit court of the circuit in which the action is pending, under the seal of the court. The clerk issues it signed and sealed but otherwise in blank to the requesting party, who fills it in before service (Haw. R. Civ. P. 45(a)). Hawaii has no attorney-issuance route in rule 45.
Tender at Service Is Part of Service
Service is made by delivering a copy to the named person and by tendering the fees for one day of attendance and the mileage allowed by law, with no requirement that the witness ask for it first. No tender is needed when the subpoena issues on behalf of the State or a county, or an officer or agency of either (Haw. R. Civ. P. 45(c)).
Service Anywhere in the State, by Whom
A subpoena may be served at any place within the State, by the sheriff or a deputy sheriff, by any other person who is not a party and is not less than 18 years of age, or in any county by the chief of police or a duly authorized subordinate (Haw. R. Civ. P. 45(c)).
Ten Days to Object to Production
A person commanded to produce may serve written objection on the attorney designated in the subpoena within 10 days after service, or on or before the compliance time if that is less than 10 days after service. Once objection is served the issuing party cannot inspect and copy except by court order (Haw. R. Civ. P. 45(d)(1)).
County Limit on Examinations, and Contempt
A resident may be required to attend an examination only in the county where that person resides, is employed, or transacts business in person, and a nonresident served in the State only in the county of service, absent a court order fixing another convenient place (Haw. R. Civ. P. 45(d)(2)). Failure without adequate excuse to obey may be deemed contempt of the issuing court (Haw. R. Civ. P. 45(f)).