Public Defender's Handbook

Fact Witness Voucher

Once a witness is advised that his or her attendance is no longer required, a Fact Witness Voucher (DOJ-3) is obtained from the U.S Marshals Service for each witness subpoenaed.

PART I - GENERAL INFORMATION (To be completed by the Trial Office)

This form shall be completed for a fact witness or an authorized travel companion. The travel companion must complete a separate voucher. Attendance fees are not to be paid to the travel companion. Answer each question to indicate if:

• Select Fact Witness or Travel Companion.
• The witness or travel companion was/was not a United States citizen at the time he/she appeared to testify. If you are not a citizen, required to show proof of his/her resident or visitor status.
• The witness or travel companion was/was not a federal employee at the time he/she appeared to testify. Under current policy, the fees allowances on this voucher do not apply to federal employees who are out of the district. If the witness or travel companion is a federal employee, please follow the instructions in the Guiding Principles for reimbursement.
• The witness or travel companion did/did not receive a check or cash advance for his/her expenses in traveling to court. If the witness received an advance, enter the amount and issuing office here.
• Include the witness' name when completing the form for a travel companion.

Indicate and/or verify the witness' or travel companion's Name, Social Security Number, Passport/Visa Number (if applicable), Alien Registration Record Number (if applicable), Address, Telephone Number and E-mail Address to ensure that they are correct.

ACCEPTABLE IDENTIFICATION: One or more of the following items is mandatory in order to receive fees and expenses.

• Social Security Number
• Alien Registration Record Number
• Passport Number
• Visa Number
• Court Order Classifying a Deportable Witness and/or Material Witness
• Valid Photo Identification

This information will be used to identify an individual who can be compensated in accordance with 28 U.S.C. 1821, 28 CFR 21 and 18 U.S.C. 3144. Failure to provide this information may result in delay or rejection of compensation.

PART II - ATTENDANCE CERTIFICATION

Section B of Part II must be signed by an employee of the office that requested the appearance of the witness and/or travel companion.

PART III - ALLOWANCES

All receipts for claims made in Part III must be attached to the Form DOJ-3 before it is transmitted to the United States Marshals Service for payment. This claim for reimbursement cannot be processed until the witness or travel companion furnishes all receipts for expenses that he/she is claiming on this Fact Witness Voucher.

• All expenses over $75.00 must have a receipt. If receipts are not provided for expenses over $75.00, a Verification Without Receipt Form must be submitted.
• If the witness or travel companion parked at an airport or has not yet paid his/her hotel/motel bill or other item requiring a receipt, necessary for the witness or travel companion to send his/her receipts, a letter requesting reimbursement, and a copy of a valid photo ID to the trial office.
• If the witness or travel companion departs the trial district and does not sign the DOJ-3, a letter requesting reimbursement of expenses a valid photo ID must be sent to the trial office.

• Gratuities are limited to taxi and shuttle services up to 15% of the total fare.

PART IV - CERTIFICATION

Verify that all items under Part III are correct. Any changes to Part III must be effected and signed by the Federal government employee assigned to assist the witness. The witness or travel companion must sign his/her full legal name and the date. If the witness or travel companion is not a United States citizen, the witness or travel companion must show proof of his/her resident or visitor status.

PART V - CLAIM VERIFICATION

Part V must be signed by an employee of the requesting office attesting the accuracy and completeness of the expenses claimed by the witness or travel companion before the form is transmitted to the U.S. Marshals Service for payment. The U.S. Marshals Service will process the Fact Witness Voucher and MAIL payment to the witness or travel companion at the address indicated on the first page of this form. International witnesses and international travel companions are paid prior to their departure from the United States.