Witness Fees and Transportation Expenses

It is the responsibility of the U.S. Marshal’s office to provide adequate information to CJA/Public Defender witnesses on hotels, taxi cabs and availability of government lodging near the court facility. Form OBD-2 Appendix 1 (Justice.gov, .pdf), Instructions for Fact Witnesses Appearing on Behalf of the United States Government (or Subpoenaed on Behalf of Indigent Defendant), accompanies service of the subpoena and details allowable expenses for attendance, transportation, lodging and meals, and should be customized for the city in which the witness is to appear.

Obtaining Payment of Fees and Expenses for Witnesses

1. A Fact Witness Voucher, Form OBD-3 (USMarshals.gov, .pdf), must be prepared by the attorney for each witness.
2. The witness must sign and date the form (Section G).
3. The attorney should then submit the completed form (including any required receipts), along with a copy of the subpoena, to the CJA Unit.
4. CJA staff will verify the witness’s appearance and submit the certified voucher to USMS.
5. USMS will issue a check for the approved fees and expenses to the witness.