Wisconsin Subpoena
A Wisconsin circuit court witness is owed $16 a day until 2025 Wisconsin Act 179 lifts it to $55 on November 1, 2026, and nobody has to attend at all unless the fees are paid or tendered. Attorney review available.
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Introduction
Wisconsin's witness fee has an expiry date on it. A witness attending before a circuit court is owed $16 per day under Wis. Stat. Section 814.67(1)(am), but 2025 Wisconsin Act 179 amends that paragraph effective November 1, 2026, and from that date the same line reads $55 per day. Anything you calendar across that boundary needs both figures. Travel is 20 cents per mile at present, and the way Wisconsin measures it is itself distinctive: for a witness who lives in the state it runs from the residence to the place of attendance and back by the usually traveled route, while for a witness residing outside Wisconsin the meter starts at the point where that person crosses the state boundary. Act 179 amends the mileage subdivision on the same November 1, 2026 date, so re-check the rate rather than carrying forward the 20 cents. The bigger practical rule sits in Section 885.06(1). Except on behalf of the state, a municipality in a forfeiture action, or an indigent paternity respondent, no person is required to attend as a witness in any civil action, matter or proceeding unless witness fees are paid or tendered, in cash or by check, share draft or other draft, for one day's attendance and for travel. Wisconsin also added a service rule in 2025 Act 150 that has no counterpart elsewhere: a subpoena to a law enforcement officer or public employee who will testify about official-capacity events may be served only at that individual's work address. DocDraft drafts your Wisconsin subpoena to these rules, with attorney review available before service.
Key Things to Know
- 1
A Wisconsin subpoena is a written command, which need not be sealed, requiring a named person to appear and give evidence in an action or proceeding and, if the subpoena says so, to bring specified papers and documents with them.
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A witness attending before a Wisconsin circuit court is owed $16 per day. 2025 Wisconsin Act 179 amends Wis. Stat. Section 814.67(1)(am) effective November 1, 2026, after which the figure is $55 per day.
- 3
Travel is 20 cents per mile at present. For an in-state witness it is measured from the residence to the place of attendance and back by the usually traveled route; for an out-of-state witness it starts at the point where the person crosses the state boundary (Section 814.67(1)(c)1).
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The mileage subdivision of Section 814.67 is also amended by 2025 Wisconsin Act 179 effective November 1, 2026, so confirm the rate on or after that date rather than reusing the 20-cent figure.
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No person is required to attend as a Wisconsin civil witness unless witness fees are paid or tendered, in cash or by check, share draft or other draft, for one day's attendance and for travel (Section 885.06(1)). Subpoenas on behalf of the state, a municipality in a forfeiture action, or an indigent paternity respondent are excepted.
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Any attorney of record in a civil action or special proceeding may issue a Wisconsin subpoena to compel attendance for deposition, hearing or trial (Section 805.07(1)), alongside the judges, clerks, court commissioners and municipal judges listed in Section 885.01.
- 7
A subpoena to a law enforcement officer, tribal law enforcement officer, public officer or public employee testifying about official-capacity events may be served only at that individual's work address (Section 885.035(2), created by 2025 Wisconsin Act 150).
Key decisions before you file
Before you file a Subpoena in Wisconsin, 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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Wisconsin Requirements for Subpoena
Circuit Court Witness Fee: $16, Then $55
A witness attending before a Wisconsin circuit court is owed $16 per day under Wis. Stat. Section 814.67(1)(am). 2025 Wisconsin Act 179 amends that paragraph effective November 1, 2026, after which it reads $55 per day. Calculate each appearance day at the rate in force on that day.
Mileage at 20 Cents, Measured From the State Line for Outsiders
Wisconsin pays 20 cents per mile at present. For a witness living in the state it runs from the residence to the place of attendance and back by the usually traveled route; for a witness living outside Wisconsin it starts where the person crosses the state boundary (Section 814.67(1)(c)1). The mileage subdivision is amended effective November 1, 2026, so re-confirm the rate then.
No Attendance Required Without Payment or Tender
Section 885.06(1) excuses attendance entirely unless witness fees are paid or tendered, in cash or by check, share draft or other draft, for one day of attendance and for travel. Subpoenas on behalf of the state, a municipality in a forfeiture action, or an indigent paternity respondent are excepted, and under Section 885.06(2) those witnesses get no advance fee.
Police and Public Employees: Work Address Only
Section 885.035(2), created by 2025 Wisconsin Act 150, allows a subpoena to a law enforcement officer, tribal law enforcement officer, public officer or public employee testifying about official-capacity events to be served only at that individual's work address, by reading it, giving a copy, or leaving a copy with an authorized employee there.
Attorney of Record May Issue It
A Wisconsin subpoena need not be sealed, and Section 885.01 lets judges, clerks, court commissioners, municipal judges, the attorney general, district attorneys, board committee chairpersons and testimony-taking boards issue one. Section 805.07(1) adds that any attorney of record in a civil action or special proceeding may issue one for deposition, hearing or trial.
Ten Days of Notice on a Third-Party Discovery Subpoena
Section 805.07(2)(b) requires notice of a third-party subpoena issued for discovery purposes to reach all parties at least 10 days before the scheduled deposition, to preserve their right to object, and bars the custodian from providing the materials before the time and date the subpoena specifies. It applies unless all parties agree otherwise.
The Statutes Print the Form
Wisconsin does not use a numbered court form here. Section 805.07(4)(a) sets out the subpoena wording, including the warning that failure to appear may result in punishment for contempt which may include monetary penalties, imprisonment and other sanctions, and Section 885.02(2) supplies the clause to add when materials must be produced.
Damages, Attachment and a $200 Contempt Fine
Section 885.11 stacks three consequences: liability to the aggrieved party for all damages occasioned by an unexcused failure to attend, an attachment to bring the witness before the court for the contempt and to testify, and a contempt fine not exceeding $200 for inexcusable failure to attend a court of record. A subpoena that is unreasonable and oppressive may be quashed or modified under Section 805.07(3).