Public Defender's Handbook - Fact Witness Voucher

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Public Defender's Handbook

Subpoenas

Notice to Fact Witnesses (OBD-2)

Travel, Lodging, Meals and Incidental Expenses

Travel by Privately Owned Vehicle (POV)

Appearance

Fact Witness Voucher

Presiding Officer of the Court

Special Situations

Non-Custodial Transportation of Defendants

Appendix 1, Instructions for Fact Witnesses, Appearing on Behalf of the United States Government, Form OBD-2

Appendix 2, Fact Witness Voucher, Form OBD-3

Appendix 3, Travel Voucher, Form SF- 1012

Appendix 4, Request for Armed Forces or Government-Employee Witness, Form OBD-16

Appendix 5, Witness Certificate for Advance, Form USM-24

Fact Witness Voucher

Once a witness is advised that his or her attendance is no longer required, a Fact Witness Voucher, Form OBD-3 (Appendix 2), is obtained from the District Court or Federal Public Defender for each witness subpoenaed.

Part I - Attendance Certification

The voucher is to be prepared by the attorney for each witness. The attorney is responsible for completing the top of the form, including the Social Security Number (SSN) and Part I - Attendance Certification (Sections A and B).

Part II - Allowances

Sections C through F: The attorney is responsible for completing these sections. The amount columns should not be completed. The right column section will be completed by the U.S. Marshal’s office.
Section G, Witness Certification: The witness must sign the voucher.
Section H, Claim Verification: A Government employee must be designated to authorize witness vouchers. After a witness has testified, the court appointed attorney should present the voucher to the Clerk of the Court or his Deputy for signature.

The voucher must then be submitted by a Government employee or court appointed attorney to the U.S. Marshal’s office for payment. NOTE: Witnesses may not deliver the voucher to the U.S. Marshal’s office.

Part III - Certification and Part IV - Disbursement are for U.S. Marshal’s office use only.

The U.S. Marshal’s office will review the voucher for completeness and accuracy, then process the voucher for payment. Usually, the payment will be mailed to the address on the voucher, therefore, care and attention should be taken to make sure that the address is accurate and legible. Under unusual circumstances, the U.S. Marshal’s office may pay the witness immediately if the witness requires the funds to return home and prior arrangements have been made.