Public Defender's Handbook
At least 2 weeks advance notice to the U.S. Marshal’s office
is required for travel advances. These advances are limited to extreme need cases. The U.S. Marshal’s office
will advance Meals, Incidental Expenses
and Lodging for the first day only. To receive a travel advance, the witness must sign a Witness Certificate for
Advance, Form USM-24 (Appendix 5),
and deliver it to the U.S. Marshal’s office. The U.S. Marshal’s office does not deliver advances and
the attorney must arrange for it to be picked
up if the witness cannot. Contact the U.S. Marshal’s office for specific local procedures.
Employees as Witnesses. Federal government employees
(including tribal police officers, military and criminal investigative officers) do not receive witness
fees, travel, or lodging if their agency is
involved with their testimony (i.e., an officer testifying in an
Witness fees will only be
paid to government employees if they are in a non-pay
status, such as on leave without pay, a seasonal or temporary worker,
or a former employee. Call the U.S. Marshal’s office if there are any questions.
If the witness’ government
agency is not involved, the witness will receive
the lodging and travel, but will not receive the witness fees
because the government is paying
their salary. Witness fees are then handled as follows:
District. Standard Form 1164 is completed along with a
statement that the case does not involve the employing agency.
File the form with the U.S. Marshal’s
office for payment. Before lodging is allowed, Federal
Travel Regulations require the traveler be in travel status more than 10 hours and 50 miles or more. Government
employees will be paid mileage and
parking only, but no per diem or witness appearance fees.
Federal Government/Military Witnesses. Military
Personnel should complete a Request for Armed Forces or Government
Employee Witness, Form
DOJ-426 (Appendix 4), and forward the form to SAS for processing. Travel
reimbursement payments to Federal Government agencies may be made
via the Form SF 1012 or electronically, agency-to-agency.
Foreign Witnesses are entitled and paid the same fees
and allowances as regular fact witnesses. However, special coordination with the Department of State, Office of
Special Consular Services is required.
The attorneys should contact the State Department, Office of Consular
Affairs for assistance regarding procedures to follow when obtaining
foreign witnesses. Although standard fees and allowances are generally
acceptable, a foreign national may occasionally require additional allowances. The Simplified Acquisition
Service (SAS) will also process foreign
witness requests for indigent defendants and will request an advance from the Department of State. The U.S.
Marshals Service should provide round-trip
transportation to foreign witnesses. Contact the Department of Justice,
Justice Management Division at (202) 307-1942 or FAX (202)
307-1932 for more information.
Prisoners as Witnesses.
A petition for issuance of a writ, an order, or a writ
of Habeas Corpus ad Testificandum must be prepared by the attorney and signed by the Judge before an
incarcerated witnesses can appear on behalf of
a defendant. The court staff will give the writ to the US. Marshal’s
office and file the order. The U.S.
Marshal’s office should be contacted for time frames
on the movement of prisoners. Time frames vary throughout the United
States but average time frames are:
||Execution of a local
area writ within the commuting area.
||Execution of a
non-local writ within the USMS District.
||Notice for an