(a) The rate for witness fees, mileage, and subsistence are fixed by statute. See 28
U.S.C. § 1821. These fees are taxable even if the witness did not testify when it is
shown that the attendance was necessary. But if a witness is not used, the
presumption is that the attendance was unnecessary. The witness need not be
under subpoena. Costs may be taxed for each day the witness is necessarily in
attendance and are not limited to the actual day the witness testified. Fees will be
limited, however, to the days of actual testimony and the days required for travel
unless a showing is made that the witness necessarily attended for a longer time.
(b) No party may receive witness fees for testifying on that party’s own behalf, unless
the party is subpoenaed to court by the opposing party. Witness fees for officers
of a corporation are taxable if the officers are not defendants and recovery is not
sought against the officers individually. Fees for expert witnesses are not taxable
in a greater amount than statutorily allowable for ordinary witnesses.
(b) The reasonable fee of a competent interpreter is taxable if the fee of the witness
for whom the interpreting services were required is taxable. The reasonable fee of
a competent translator is taxable if the document translated is necessarily filed or
admitted into evidence.
