Public Defender's Handbook

Notice to Fact Witnesses (OBD-2)

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, and

• the Form OBD-2 (Appendix 1), Instructions for Fact Witnesses Appearing on Behalf of the United States Government (or Subpoenaed on Behalf of Indigent Defendant). This form, provided with the subpoena, details allowable expenses for attendance, transportation, lodging and meals, and should be customized for the city in which they are to appear.

The USMS can reimburse witnesses only at the rates applicable to the Federal Government as indicated on the Form OBD-2. The U.S. Marshal can provide a current Form OBD-2 and answer questions about current per diem rates.