US Code

Public Law 119-73 (01/23/2026)

28 U.S.C. § 1825

Payment of fees

(a)
In any case in which the United States or an officer or agency of the United States is a party, the Attorney General shall pay all fees of witnesses on the certificate of the United States attorney or assistant United States attorney, and in the proceedings before a United States magistrate judge, on the certificate of such magistrate judge, except that any fees of defense witnesses, other than experts, appearing pursuant to subpoenas issued upon approval of the court, shall be paid by the Attorney General—
(1)
on the certificate of a Federal public defender or assistant Federal public defender, in a criminal case in which the defendant is represented by such Federal public defender or assistant Federal public defender, and
(2)
section 3006A of title 18 on the certificate of the clerk of the court upon the affidavit of such witnesses’ attendance given by other counsel appointed pursuant to , in a criminal case in which a defendant is represented by such other counsel.
(b)
section 2255 of this title In proceedings in forma pauperis for a writ of habeas corpus, and in proceedings in forma pauperis under , the Attorney General shall pay, on the certificate of the district judge, all fees of witnesses for the party authorized to proceed in forma pauperis, except that any fees of witnesses for such party, other than experts, appearing pursuant to subpoenas issued upon approval of the court, shall be paid by the Attorney General—
(1)
on the certificate of a Federal public defender or assistant Federal public defender, in any such proceedings in which a party is represented by such Federal public defender or assistant Federal public defender, and
(2)
section 3006A of title 18 on the certificate of the clerk of the court upon the affidavit of such witnesses’ attendance given by other counsel appointed pursuant to , in any such proceedings in which a party is represented by such other counsel.
(c)
section 3006A of title 18 Fees and mileage need not be tendered to a witness upon service of a subpoena issued on behalf of the United States or an officer or agency of the United States, upon service of a subpoena issued on behalf of a defendant represented by a Federal public defender, assistant Federal public defender, or other attorney appointed pursuant to , or upon service of a subpoena issued on behalf of a party authorized to proceed in forma pauperis, if the payment of such fees and mileage is to be made by the Attorney General under this section.

June 25, 1948, ch. 64662 Stat. 951Pub. L. 89–16279 Stat. 618Pub. L. 99–651, title I, § 104100 Stat. 3645Pub. L. 101–650, title III, § 321104 Stat. 5117Pub. L. 116–260, div. B, title II, § 220134 Stat. 1266(, ; , , ; , , ; , , ; , , .)

Historical and Revision Notes

June 10, 1921, ch. 18, § 30542 Stat. 24Apr. 26, 1926, ch. 183, § 344 Stat. 324May 17, 1932, ch. 19047 Stat. 158June 25, 1936, ch. 80449 Stat. 1921Oct. 13, 1941, ch. 431, § 255 Stat. 736Dec. 24, 1942, ch. 825, § 156 Stat. 1088Based on title 28, U.S.C., 1940 ed., §§ 600c, 608 (R.S. §§ 236, 823, 848, 855; , ; , ; , ; , ; , ; , ).

Section consolidates parts of sections 600c and 608 of title 28, U.S.C., 1940 ed., relating to payment of witnesses. Other provisions of such sections are incorporated in sections 1821 and 1871 of this title.

Provisions in sections 600c and 608 of title 28, U.S.C., 1940 ed., for payment or certification on order of court were omitted as unnecessary and inappropriate on recommendation of the Judicial Conference Committee on Revision of the Judicial Code.

section 608 of title 28Words in , U.S.C., 1940 ed., “to which they appear to be entitled on the certificate of attendance” following the words “all fees” and the concluding phrase “which sum shall be allowed the marshal in the General Accounting Office in his accounts were omitted as unnecessary.”

The second paragraph is new. It conforms to Rule 45(e) of the Federal Rules of Civil Procedure but is inconsistent with Rule 17(d) of the Federal Rules of Criminal Procedure and supersedes that rule as to Federal criminal cases. The Department of Justice suggests that Rule 17(d) is unworkable. To attempt compliance each deputy marshal serving process must carry, on the average, $500 in cash on trips to serve process.

The marshal must advance the money from his personal funds. The Comptroller General has not been able to set up any procedure to make it feasible to advance fees to Government witnesses.

If a witness is served but fails or refuses to appear, the marshal is out of pocket the money advanced and has no recourse. In the exceptional cases of real necessity, the marshal supplies transportation to an indigent witness under established regulations which protect the disbursement.

Changes were made in phraseology.

Editorial Notes

Amendments

Pub. L. 116–260, § 220(a)2020—Subsecs. (a), (b). , substituted “Attorney General” for “United States marshal for the district” in two places in introductory provisions.

Pub. L. 116–260, § 220(b)Subsec. (c). , substituted “Attorney General” for “United States marshal”.

Pub. L. 99–6511986— amended section generally. Prior to amendment, section read as follows:

“In any case wherein the United States or an officer or agency thereof, is a party, the United States marshal for the district shall pay all fees of witnesses on the certificate of the United States Attorney or Assistant United States Attorney, and in the proceedings before a United States Commissioner, on the certificate of such commissioner.

section 2255 of this title“In all proceedings, in forma pauperis, for a writ of habeas corpus or in proceedings under , the United States marshal for the district shall pay all fees of witnesses for the party authorized to proceed in forma pauperis, on the certificate of the district judge.

“Fees and mileage need not be tendered to the witness upon service of a subpena issued in behalf of the United States or an officer or agency thereof, or upon service of a subpena issued on behalf of a party, authorized to proceed in forma pauperis, where the payment thereof is to be made by the United States marshal as authorized in this section.”

Pub. L. 89–162section 2255 of this title1965— inserted provisions that, in all proceedings in forma pauperis, for a writ of habeas corpus, or in proceedings under , the United States marshal for the district shall pay all fees of witnesses for the party authorized to proceed in forma pauperis on the certificate of the district judge and that fees and mileage need not be tendered to the witness upon service of a subpena issued on behalf of a party authorized to proceed in forma pauperis where the payment thereof is to be made by the United States marshal as authorized in this section.

Statutory Notes and Related Subsidiaries

Change of Name

section 321 of Pub. L. 101–650“United States magistrate judge” and “magistrate judge” substituted for “United States magistrate” and “magistrate”, respectively, in subsec. (a) pursuant to , set out as a note under this title.

Effective Date of 1986 Amendment

Pub. L. 99–651section 105 of Pub. L. 99–651section 3006A of Title 18Amendment by effective 120 days after , see , set out as a note under , Crimes and Criminal Procedure.