Illinois Compiled Statutes
705 ILCS 35/4.3 (2026)
Witness fees
✓ current as of May 2026
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(705 ILCS 35/4.3)
Sec. 4.3. Witness fees.
(a) Every witness attending in
any county upon trials in the
courts, except for actions arising under Article II of the Juvenile Court Act of 1987, shall be entitled to receive the sum of $20 for each
day's
attendance and $0.20 per mile each way for necessary travel.
For
attending in a foreign county, each day's travel shall constitute a day
of attendance. Every person attending for the purpose of having his
deposition taken shall receive the same per diem and mileage as provided
in this Section for witnesses in circuit courts. No
allowance
or charge shall be made, however, for the attendance of a witness unless
the witness makes an affidavit stating the number
of
days he or she
actually attended, and that attendance was at the instance of one
or both of the parties or his or her attorney.
(b) In a criminal case or action arising under Article II of the Juvenile Court Act of 1987 in which a
witness is required to attend from a foreign county or state,
either before the grand jury or at the trial of the cause in the court,
the witness shall receive the same per diem and mileage as
provided in this Section for
witnesses in circuit courts to be paid out of the county treasury of the
county where the crime was committed or the case under Article II of the Juvenile Court Act of 1987 is filed on the certificate of the clerk of
the court where the trial is being had if the witness makes an affidavit stating (i) the distance traveled,
(ii) that it was the usually traveled and
most direct route, (iii) the number of days' actual travel and
attendance,
and (iv) that attendance was at the instance of the State's
Attorney or
the accused, or his or her attorney or, in the case of an action filed under Article II of the Juvenile Court Act of 1987, at the instance of the State's Attorney or attorney of any other party to the action. To the affidavit shall be
added the certificate of
the judge that the amount is reasonable and that the witness was a
material
witness in the court or before the grand jury.
(Source: P.A. 98-826, eff. 8-1-14.)
Notes of Decisions
Cited in 17
cases, 2000–2014 · leading case: Vicencio v. Lincoln-Way Builders, Inc., 789 N.E.2d 290 (Ill. 2003).
Vicencio v. Lincoln-Way Builders, Inc., 789 N.E.2d 290 (Ill. 2003). “As for witness fees, Rule 208(b), titled "Amount," does not mention any fee paid to secure the attendance of a witness beyond the "fees and mileage allowance provided by statute for witnesses attending courts in this State.”
Holtkamp Trucking Co. v. David J. Fletcher, M.D., L.L.C., 932 N.E.2d 34 (Ill. App. Ct. 2010). “3 (West 1996)), which section 16 of the Workers' Compensation Act (820 ILCS 305/16 (West 1996)) impliedly referenced, "[did] not require the subpoenaing party to pay any per-page copy fees" to obtain documents pursuant to a subpoena duces tecum issued by the Commission.…”
Myers v. Bash, 778 N.E.2d 320 (Ill. App. Ct. 2002). “Dec. 789 , 771 N.E.2d 493, 500 (2002). Expert witnesses, like other witnesses, normally are only entitled to $20 per day and $0.”
Irwin v. McMillan, 750 N.E.2d 1246 (Ill. App. Ct. 2001). “3(a) of the Circuit Courts Act (Act) (705 ILCS 35/4.3(a) (West 1998)). As noted above, section 5 — 108 of the Code allows a court to tax certain costs against a losing defendant; however, the statute does not define the term “costs.”
Clayton v. Ingalls Mem'l Hosp., 724 N.E.2d 222 (Ill. App. Ct. 2000). “3 of the Circuit Courts Act (705 ILCS 35/4.3 (West 1996)), which governs the fees payable to witnesses who are compelled to attend depositions or trials in Illinois circuit courts.”
Montes v. MAI, 925 N.E.2d 258 (Ill. App. Ct. 2010). “Mai contends that the term “physician” as used in the rule does not refer to chiropractors and that Dr. Perez is therefore only entitled to the statutory witness fee of $20 per day plus 20 cents per mile of necessary travel.”
In re Marriage of Tiballi, 2013 IL App (2d) 120523 (Ill. App. Ct. 2013). “705 ILCS 35/4.3 (West 2010). The amount of fees that a section 604(b) evaluator generates, by contrast, will vary greatly depending upon the complexity of the custody issues involved and the amount of investigation necessary.”
People v. Breeden, 2014 IL App (4th) 121049 (Ill. App. Ct. 2014). “530, 535 (1939)), became liable to those witnesses for statutory fees (see 705 ILCS 35/4.3 (West 2012)). Also, specifically to prosecute the defendant, the State had to procure his or her attendance.”
In re Marriage of Tiballi, 2014 IL 116319 (Ill. 2014). “20 per mile for travel (705 ILCS 35/4.3(a) (West 2012)), and the parties are not invoiced for any professional services (see Irwin v.”
In re Marriage of Tiballi, 2014 IL 116319 (Ill. 2014). “20 per mile for -6- travel (705 ILCS 35/4.3(a) (West 2012)), and the parties are not invoiced for any professional services (see Irwin v.”
Holtkamp Trucking Co. v. Fletcher (Ill. App. Ct. 2010). “3 (West 1996)), which section 16 of the Workers' Compensation Act (820 ILCS 305/16 (West 1996)) impliedly referenced, "[did] not require the subpoenaing party to pay any per-page copy fees" to obtain documents pursuant to a subpoena duces tecum issued by the Commission.”
Vicencio v. Lincoln-Way Builders, Inc. (Ill. 2003). “705 ILCS 35/4.3 (West 2000). The plain language of Rule 208(d), therefore, does not authorize the taxing of the cost at issue here.”
— 705 ILCS 35/4.3(a) — 10 cases
Holtkamp Trucking Co. v. David J. Fletcher, M.D., L.L.C., 932 N.E.2d 34 (Ill. App. Ct. 2010). “3 (West 1996)), which section 16 of the Workers' Compensation Act (820 ILCS 305/16 (West 1996)) impliedly referenced, "[did] not require the subpoenaing party to pay any per-page copy fees" to obtain documents pursuant to a subpoena duces tecum issued by the Commission.…”
Myers v. Bash, 778 N.E.2d 320 (Ill. App. Ct. 2002). “Dec. 789 , 771 N.E.2d 493, 500 (2002). Expert witnesses, like other witnesses, normally are only entitled to $20 per day and $0.”
Irwin v. McMillan, 750 N.E.2d 1246 (Ill. App. Ct. 2001). “3(a) of the Circuit Courts Act (Act) (705 ILCS 35/4.3(a) (West 1998)). As noted above, section 5 — 108 of the Code allows a court to tax certain costs against a losing defendant; however, the statute does not define the term “costs.”
Montes v. MAI, 925 N.E.2d 258 (Ill. App. Ct. 2010). “Mai contends that the term “physician” as used in the rule does not refer to chiropractors and that Dr. Perez is therefore only entitled to the statutory witness fee of $20 per day plus 20 cents per mile of necessary travel.”
In re Marriage of Tiballi, 2014 IL 116319 (Ill. 2014). “20 per mile for travel (705 ILCS 35/4.3(a) (West 2012)), and the parties are not invoiced for any professional services (see Irwin v.”
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