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28 U.S.C. § 1825 — Payment of fees

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1825 — Payment of fees

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Source file: Laws/federal/codes/united-states-code/title-28/section-1825-payment-of-fees--2d24e694d5.md
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Source location: Title 28, Chapter 119, § 1825; chapter-119-evidence-witnesses.md

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**(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) on the certificate of the clerk of the court upon the affidavit of such witnesses’ attendance given by other counsel appointed pursuant to [section 3006A of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3006A&num=0&edition=prelim), in a criminal case in which a defendant is represented by such other counsel. **(b)** In proceedings in forma pauperis for a writ of habeas corpus, and in proceedings in forma pauperis under [section 2255 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2255&num=0&edition=prelim), 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) on the certificate of the clerk of the court upon the affidavit of such witnesses’ attendance given by other counsel appointed pursuant to [section 3006A of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3006A&num=0&edition=prelim), in any such proceedings in which a party is represented by such other counsel. **(c)** 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 [section 3006A of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3006A&num=0&edition=prelim), 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.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 608 — Seal

The Director shall use a seal approved by the Supreme Court. Judicial notice shall be taken of such seal.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2255 — Federal custody; remedies on motion attacking sentence

**(a)** A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack, may move the court which imposed the sentence to vacate, set aside or correct the sentence. **(b)** Unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief, the court shall cause notice thereof to be served upon the United States attorney, grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions of law with respect thereto. If the court finds that the judgment was rendered without jurisdiction, or that the sentence imposed was not authorized by law or otherwise open to collateral attack, or that there has been such a denial or infringement of the constitutional rights of the prisoner as to render the judgment vulnerable to collateral attack, the court shall vacate and set the judgment aside and shall discharge the prisoner or resentence him or grant a new trial or correct the sentence as may appear appropriate. **(c)** A court may entertain and determine such motion without requiring the production of the prisoner at the hearing. **(d)** An appeal may be taken to the court of appeals from the order entered on the motion as from a final judgment on application for a writ of habeas corpus. **(e)** An application for a writ of habeas corpus in behalf of a prisoner who is authorized to apply for relief by motion pursuant to this section, shall not be entertained if it

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3006A — Adequate representation of defendants

**(a) Choice of Plan.—** Each United States district court, with the approval of the judicial council of the circuit, shall place in operation throughout the district a plan for furnishing representation for any person financially unable to obtain adequate representation in accordance with this section. Representation under each plan shall include counsel and investigative, expert, and other services necessary for adequate representation. Each plan shall provide the following: (1) Representation shall be provided for any financially eligible person who— (A) is charged with a felony or a Class A misdemeanor; (B) is a juvenile alleged to have committed an act of juvenile delinquency as defined in [section 5031 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section5031&num=0&edition=prelim); (C) is charged with a violation of probation; (D) is under arrest, when such representation is required by law; (E) is charged with a violation of supervised release or faces modification, reduction, or enlargement of a condition, or extension or revocation of a term of supervised release; (F) is subject to a mental condition hearing under chapter 313 of this title; (G) is in custody as a material witness; (H) is entitled to appointment of counsel under the sixth amendment to the Constitution; (I) faces loss of liberty in a case, and Federal law requires the appointment of counsel; or (J) is entitled to the appointment of counsel under [section 4109 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section4109&num=0&edition=prelim). (2) Whenever the United States magistrate judge or the court determines that the interests of justice so require, representation may be provided for any f

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1821 — Per diem and mileage generally; subsistence

**(a)** (1) Except as otherwise provided by law, a witness in attendance at any court of the United States, or before a United States Magistrate Judge, or before any person authorized to take his deposition pursuant to any rule or order of a court of the United States, shall be paid the fees and allowances provided by this section. (2) As used in this section, the term “court of the United States” includes, in addition to the courts listed in [section 451 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section451&num=0&edition=prelim), any court created by Act of Congress in a territory which is invested with any jurisdiction of a district court of the United States. **(b)** A witness shall be paid an attendance fee of $40 per day for each day’s attendance. A witness shall also be paid the attendance fee for the time necessarily occupied in going to and returning from the place of attendance at the beginning and end of such attendance or at any time during such attendance. **(c)** (1) A witness who travels by common carrier shall be paid for the actual expenses of travel on the basis of the means of transportation reasonably utilized and the distance necessarily traveled to and from such witness’s residence by the shortest practical route in going to and returning from the place of attendance. Such a witness shall utilize a common carrier at the most economical rate reasonably available. A receipt or other evidence of actual cost shall be furnished. (2) A travel allowance equal to the mileage allowance which the Administrator of General Services has prescribed, pursuant to [section 5704 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5704&num=0&edition=prelim), for official travel of employ

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1871 — Fees

**(a)** Grand and petit jurors in district courts appearing pursuant to this chapter shall be paid the fees and allowances provided by this section. The requisite fees and allowances shall be disbursed on the certificate of the clerk of court in accordance with the procedure established by the Director of the Administrative Office of the United States Courts. Attendance fees for extended service under subsection (b) of this section shall be certified by the clerk only upon the order of a district judge. **(b)** (1) A juror shall be paid an attendance fee of $50 per day for actual attendance at the place of trial or hearing. A juror shall also be paid the attendance fee for the time necessarily occupied in going to and returning from such place at the beginning and end of such service or at any time during such service. (2) A petit juror required to attend more than ten days in hearing one case may be paid, in the discretion of the trial judge, an additional fee, not exceeding $10 more than the attendance fee, for each day in excess of ten days on which he is required to hear such case. (3) A grand juror required to attend more than forty-five days of actual service may be paid, in the discretion of the district judge in charge of the particular grand jury, an additional fee, not exceeding $10 more than the attendance fee, for each day in excess of forty-five days of actual service. (4) A grand or petit juror required to attend more than ten days of actual service may be paid, in the discretion of the judge, the appropriate fees at the end of the first ten days and at the end of every ten days of service thereafter. (5) Certification of additional attendance fees may be ordered by the judge to be made effective commencing on the first day of extended service, witho

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1825 — Payment of fees

Page 461 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1825 mile, subsistence allowance from $3 to $5 per day, and inserted provisos. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States Magistrate Judge’’ substituted for ‘‘United States Magistrate’’ in subsec. (a)(1) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of Title 8, Aliens and Nationality. EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–417, § 2(d), Oct. 14, 1992, 106 Stat. 2138, pro- vided that: ‘‘The amendments made by this section [amending this section] shall be effective on and after the date of the enactment of this act [Oct. 14, 1992] and shall apply to any witness who testified before such date and has not received any fee or allowance under section 1821 of title 28, United States Code, relating to such testimony.’’ EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–535, § 2, Oct. 27, 1978, 92 Stat. 2034, provided that: ‘‘The amendments made by this Act [amending this section] shall take effect on October 1, 1978, or on the date of enactment [Oct. 27, 1978], whichever occurs later.’’ EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–274 effective 270 days after Mar. 27, 1968, except as to cases in which an indictment has been returned or a petit jury empaneled prior to such effective date, see section 104 of Pub. L. 90–274, set out as a note under section 1861 of this title. PAYMENT OF FACT WITNESS FEE TO INCARCERATED PERSON PROHIBITED Pub. L.

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