West Virginia Subpoena
West Virginia gives the judge a bracket rather than a number: not less than ten nor more than $20 a day, plus 15 cents a mile each way and all necessary bridge, ferry and road tolls. Attorney review available.
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Introduction
There is no single West Virginia witness fee to look up, because the legislature wrote a bracket instead of a figure. Under W. Va. Code Section 59-1-16 a person attending any court or other tribunal under a summons or recognizance as a witness shall receive not less than ten nor more than $20, to be fixed by the court or other tribunal, for each day's attendance. Travel is the opposite: rigidly fixed at 15 cents per mile for each mile necessarily traveled to the place of attendance, and the same for returning, so it runs both ways. West Virginia then adds something most states fold away, reimbursing all necessary bridge, ferry and road tolls on top of the per-mile figure. Two carve-outs sit in the same section: no compensation is allowed to a witness before a grand jury, and no witness is allowed for attendance in more than one case at the same time. On the procedure side, Rule 45 of the West Virginia Rules of Civil Procedure makes the tender conditional rather than automatic. Service is made as under Rule 4(d)(1)(A) and by tendering the fees for one day's attendance and the mileage allowed by law if demanded, with the State and its officers and agencies exempt from tendering at all. The clerk issues the subpoena signed but otherwise in blank for the requesting party to complete, or an attorney authorized to practice in the issuing court may sign and issue it as an officer of the court. DocDraft prepares your West Virginia subpoena on the Supreme Court of Appeals Civil Case Subpoena pattern, with attorney review available before service.
Key Things to Know
- 1
A West Virginia subpoena is a command issuing from the circuit court where the action is pending that requires a named person to attend and testify, to produce designated documents, electronically stored information or tangible things, or to permit the inspection of premises at a specified time and place.
- 2
The West Virginia witness allowance is a range, not a rate: not less than ten nor more than $20 for each day's attendance, to be fixed by the court or other tribunal (W. Va. Code Section 59-1-16).
- 3
Travel is 15 cents per mile for each mile necessarily traveled to the place of attendance, and the same for returning, which makes it a round-trip figure.
- 4
On top of mileage, West Virginia reimburses all necessary bridge, ferry and road tolls, which the statute lists as a separate item rather than rolling them into the per-mile allowance.
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No compensation is allowed to a witness before a grand jury, and no witness is allowed for attendance in more than one case at the same time, even when summoned in several.
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Fees and mileage only have to be tendered if the recipient demands them, and no tender is required at all when the subpoena is issued on behalf of the State or an officer or agency of the State (W. Va. R. Civ. P. 45(b)(1)).
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The clerk issues a subpoena signed but otherwise in blank for the requesting party to complete, and an attorney authorized to practice in the issuing court may instead sign and issue it as an officer of the court (Rule 45(a)(3)).
Key decisions before you file
Before you file a Subpoena in West Virginia, 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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West Virginia Requirements for Subpoena
Daily Allowance Fixed Between $10 and $20
W. Va. Code Section 59-1-16 gives a witness not less than ten nor more than $20 for each day of attendance, to be fixed by the court or other tribunal. There is no single statewide figure, so confirm with the clerk in the county where your case is pending and budget the top of the band.
15 Cents a Mile Each Way
West Virginia allows 15 cents per mile for each mile necessarily traveled to the place of attendance, and the same for returning, so the figure is a round-trip calculation (Section 59-1-16).
Bridge, Ferry and Road Tolls Paid on Top
Beyond mileage, Section 59-1-16 reimburses all necessary bridge, ferry and road tolls as a separate item. Keep the receipts, because most states fold travel cost into a single per-mile rate and West Virginia does not.
Tender Only If the Witness Demands It
Service is made as under Rule 4(d)(1)(A) and by tendering the fees for one day of attendance and the mileage allowed by law if demanded (W. Va. R. Civ. P. 45(b)(1)). No tender is required when the subpoena is issued on behalf of the State or an officer or agency of the State. Any non-party aged 18 or over may serve it, anywhere in West Virginia.
Clerk Issues It Blank, or an Authorized Attorney Signs
A subpoena shall issue from the court where the action is pending. The clerk issues it signed but otherwise in blank and the requesting party completes it before service, or an attorney as officer of the court may issue and sign it if authorized to practice in the issuing court (Rule 45(a)(2), (a)(3)).
Notice and a Copy to Each Party First
Where the subpoena commands pre-trial production or inspection, a notice and a copy of the subpoena must be served on each party before it is served on the person it names (Rule 45(a)(4)). West Virginia sets no minimum number of days, so the sequence rather than a deadline is what has to be right.
Objection Before Compliance or 14 Days, Whichever Comes First
A written objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served (Rule 45(d)(2)(B)). A short compliance date shortens the objection window. After an objection the issuing party needs a court order, which must shield a non-party from significant expense.
Deposition Stays in the Deponent's County
A deponent may be required to attend an examination only in the county where the deponent resides, is employed or transacts business in person, or at another convenient place fixed by court order, and a subpoena demanding travel beyond that shall be quashed or modified on timely motion (Rule 45(c), 45(d)(3)(A)(ii)). The circuit court may hold in contempt a served person who fails without adequate excuse to obey (Rule 45(f)).