PART 21—WITNESS FEES Authority: 28 U.S.C. 509, 510, 1821-1825, 5 U.S.C. 301. Source: 51 FR 16171, May 1, 1986, unless otherwise noted. § 21.1 Definitions. (a) Agency proceeding. (b) Alien. (c) Judicial proceeding. (d) Pre-trial conference. (e) Residence. residence (f) Summons. § 21.2 Employees of the United States serving as witnesses. (a) Applicability. (b) Entitlement to travel expenses Official capacity. (i) To testify or produce official records on behalf of the United States, or (ii) To testify in his or her official capacity or produce official records on behalf of a party other than the United States. The witness appropriation of the Department of Justice is not available for expenses incurred under these conditions. (2) Unofficial capacity, federal involvement. (3) Unofficial capacity, no Federal involvement. (c) Allowable travel expenses. (d) Payment and reimbursement Payable by the employing agency. (2) Payable by the Department of Justice. (e) Leave and attendance fee Leave. (2) Attendance fee. § 21.3 Aliens. (a) Aliens entitled to payment of $30 per day. (1) Aliens lawfully admitted for permanent residence (documentary evidence: Form I-151 or Form 1-551, Alien Registration Receipt Card); (2) Aliens lawfully admitted in one of the nonimmigrant categories described in 8 U.S.C. 1101(a)(15) (documentary evidence: unexpired Form 1-94, Arrival-Departure Record). But see below § 21.3(b); (3) Aliens admitted as refugees under 8 U.S.C. 1157 and aliens granted asylum under 8 U.S.C. 1158 (documentary evidence: Form I-94, Arrival Departure Record, indicating admission as refugee under 8 U.S.C. 1157 or granting asylum under 8 U.S.C. 1158, employment authorized); (4) Aliens who have rendered themselves amenable to deportation proceedings, but have not admitted deportability or have not been determined to be deportable pursuant to section 242 of the Immigration and Nationality Act (8 U.S.C. 1252). (b) Aliens entitled to payment of $1 per day. (1) The testimony of the alien is necessary on behalf of the United States in the prosecution of offenders against the United States, or (2) The testimony of the alien is necessary on behalf of an indigent criminal defendant in accordance with Rule 17(b) of the Federal Rules of Criminal Procedures, is entitled to a $1 per day witness fee. No other fees and allowances are authorized. (c) Aliens not entitled to payment. (d) Doubtful cases. § 21.4 Fees and allowances of fact witnesses. The fees and allowances of fact witnesses, other than those covered by § 21.2, attending at any judicial proceeding, shall be a follows: (a) Fee. (b) Allowable transportation expenses. (1) A witness who travels by regularly scheduled common carrier shall be paid for the actual expenses of transportation at the most economical rate reasonably available. A receipt or other evidence of actual cost shall be furnished. (2) A witness who travels by privately owned vehicle shall be paid a transportation allowance equal to the mileage allowance paid for official travel of employees of the Federal Government under the provisions of 5 U.S.C. 5704. However, when two or more witnesses travel in the same privately owned vehicle, only the witness incurring the expense shall receive the mileage allowance. (3) A witness incurring incidental transportation expenses, such as taxi fares between the place of attendance, residence or lodging and the carrier terminals; bridge, road and tunnel tolls; ferry fares; and parking fees shall be paid in full for such expenses. Receipts or other evidence of actual payment are required for all parking fees (4) First-class travel by witnesses requires the same justification and approval required for first-class travel by employees of the Federal Government. (c) Subsistence allowance. in custody overnight is not is not When an overnight stay is required, (1) The meal and miscellaneous expense portion for each day (or partial day) the witness is required to remain away from his or her residence and (2) The lodging portion for each night the witness is required to incur a lodging expense. The meal and miscellaneous expense portion shall be 50% of the authorized subsistence allowance rate rounded to the next whole dollar in an actual subsistence rate area, or 45% of the per diem rate rounded to the next whole dollar in a per diem area. The lodging portion shall be the difference between the meal and miscellaneous expense portion and the authorized rate. (d) Detained witness fee. in custody in kind § 21.5 Use of table of distances. Mileage payable to witnesses under 28 U.S.C. 1821 shall be computed on the basis of odometer readings or the highway distances as stated in the Rand McNally Standard Highway Mileage Guide or in any generally accepted highway mileage guide which contains a shortline nationwide table of distances. However, with respect to travel in areas for which no such highway mileage guide exists, mileage payable under 28 U.S.C. 1821 shall be based on the lesser of either (a) the route of travel actually employed or (b) a usually traveled route. § 21.6 Proceedings in forma pauperis. Title 28 U.S.C. 1915 provides for the commencement, prosecution or defense of any suit, action, or proceeding without prepayment of fees and costs. Witnesses shall attend as in other cases. (a) Civil cases. (b) Criminal cases. subpoenaed § 21.7 Certification of witness attendance. In any case in which the U.S. Department of Justice, or office or organization thereof, is a party, the Department of Justice shall pay all fees and allowances of witnesses, except for those witnesses as defined in § 21.2, paragraph (d)(1), on the certification of the following officials: The U.S. Attorney, an Assistant U.S. Attorney, a U.S. Trustee, or the U.S. Department of Justice attorney who actually conducts the case. In criminal proceedings in forma pauperis