Idaho Subpoena
Idaho puts no dollar figure in its witness fee statute. The amounts come from the civil rules instead: $20 a day and 30 cents a mile computed one way from the witness's home. Attorney review available.
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Introduction
Look up the Idaho witness fee statute and you will not find a price. Idaho Code 9-1601 says only that witnesses in civil actions in district court or the magistrates division, or before any referee, master, or commissioner, are entitled to receive such witness fees and travel expenses as determined by the trial court pursuant to the Idaho Rules of Civil Procedure. The whole of title 9, chapter 16 carries no dollar figure anywhere in it. The numbers surface one step further on: I.R.C.P. 45(h) says witness fees and expenses must be in the amounts provided for under Rule 54(d)(1), and Rule 54(d)(1)(C) then sets witness fees of $20.00 per day for each day a witness other than a party or expert testifies at a deposition or in the trial of an action, with travel at the rate of $.30 per mile, one way, from the place of residence, whether that residence is in or outside the state of Idaho. The one-way computation is the part people get wrong. Issuance runs two ways: at a party's request the clerk must issue a subpoena signed and under the seal of the court but otherwise blank, which the party completes before service, and an attorney licensed in Idaho may also issue and sign one as an officer of the court. A records subpoena aimed at a nonparty carries its own courtesy clock: a copy goes to the opposing party at least 7 days before the third party is served. DocDraft drafts your Idaho subpoena from your facts, with attorney review available before you serve it.
Key Things to Know
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An Idaho subpoena is court process commanding a named person to appear and give testimony at trial, a hearing, or a deposition, or to produce documents, electronically stored information, or tangible things, or to permit inspection of premises.
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Idaho Code 9-1601 names no amount. Witnesses receive such fees and travel expenses as determined by the trial court pursuant to the Idaho Rules of Civil Procedure, and I.R.C.P. 45(h) routes to Rule 54(d)(1) for the figures.
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The Idaho witness fee is $20.00 per day for each day a witness other than a party or expert testifies at a deposition or in the trial of an action (I.R.C.P. 54(d)(1)(C)(iii)).
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Idaho travel is $.30 per mile, one way, from the place of residence, whether that residence is inside or outside the state, and a witness travelling other than by private vehicle gets actual travel expense capped at that same one-way rate (I.R.C.P. 54(d)(1)(C)(iv), (v)).
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Every Idaho subpoena must be substantially in the form found in Appendix B to the Idaho Rules of Civil Procedure, must issue from the court where the action is pending, and may be issued by the clerk in blank under seal or signed by an Idaho-licensed attorney as an officer of the court (I.R.C.P. 45(a)).
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Fees for one day of attendance and the mileage allowed by law must be tendered, if requested, at the time the subpoena is served, with exceptions for a subpoenaed party and for subpoenas issued by the Attorney General, a prosecuting attorney, or on behalf of the State (I.R.C.P. 45(b)).
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Before serving a nonparty records subpoena, the serving party must give the opposing party a copy at least 7 days ahead, must pay the reasonable cost of producing or copying, and must share copies of what comes back on request and payment of reasonable costs (I.R.C.P. 45(c)(2)).
Key decisions before you file
Before you file a Subpoena in Idaho, 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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Idaho Requirements for Subpoena
Witness Fee of $20.00 per Day, Set by Rule Not Statute
Idaho Code 9-1601 names no amount and leaves fees to the trial court under the Idaho Rules of Civil Procedure. I.R.C.P. 45(h) routes to Rule 54(d)(1)(C)(iii), which sets witness fees of $20.00 per day for each day a witness other than a party or expert testifies at a deposition or in the trial of an action.
Travel at 30 Cents a Mile, One Way
Travel expenses for a witness other than a party who travels by private transportation are computed at $.30 per mile, one way, from the place of residence, whether that residence is in or outside Idaho. A witness travelling other than by private transportation receives actual travel expense, capped at the same one-way rate (I.R.C.P. 54(d)(1)(C)(iv), (v)).
Appendix B Form and the Issuing Court
Every Idaho subpoena must be substantially in the form found in Appendix B to the Idaho Rules of Civil Procedure, must state the name of the court it issued from, the title of the action and case number, and the command to appear, and must issue from the court where the action is pending (I.R.C.P. 45(a)(1), (a)(2)).
Clerk Issues It Blank, or an Idaho Attorney Signs
At the request of a party the clerk must issue a subpoena, signed and under the seal of the court but otherwise blank, and the party must complete it before service. An attorney licensed in Idaho, as an officer of the court, may also issue and sign a subpoena (I.R.C.P. 45(a)(3)).
Tender at Service If Requested
If the subpoena requires attendance, the fees for 1 day of attendance and the mileage allowed by law must be tendered, if requested, at the time the subpoena is served. No prepayment tender is necessary to a subpoenaed party served through counsel, and none is needed for a subpoena issued by the Attorney General, a prosecuting attorney, or on behalf of the State (I.R.C.P. 45(b)).
Seven Days Notice to the Opposing Party
Before serving a nonparty records subpoena, the serving party must serve a copy on the opposing party at least 7 days prior to service on the third party, unless the court specifies otherwise, must pay the reasonable cost of producing or copying, and must share copies on request and payment of reasonable costs (I.R.C.P. 45(c)(2)). This duty runs to the opposing party, not to the person whose records are sought.
A Party Gets at Least 30 Days to Comply
If the subpoena is for a party to attend a deposition, the scope and procedure must comply with Rule 34 and the party must be allowed at least 30 days to comply (I.R.C.P. 45(c)(1)). Someone commanded only to produce or permit inspection need not appear in person unless also commanded to attend a trial, hearing, or deposition.
Statewide Service, Quash Relief, and Contempt
Subpoenas for attendance at a hearing or trial may be served at any place within the state (I.R.C.P. 45(g)), so Idaho sets no travel radius on reach. On timely motion the court may quash or modify an unreasonable, oppressive, or unduly burdensome subpoena, or condition compliance on prepayment of reasonable cost (I.R.C.P. 45(d)). Failure without adequate excuse may be deemed contempt of the issuing court (I.R.C.P. 45(i)).