CHAPTER 17. WITNESSES AND EVIDENCE
PART I. WITNESSES
§3661. Attendance compulsory in civil cases; witnesses within state; deposit
A. Witnesses in civil cases who reside or who are employed in this state may be
subpoenaed and compelled to attend trials or hearings wherever held in this state.
B. Witnesses who are subpoenaed to attend a trial or hearing shall be paid their travel
expenses to and from the courthouse at a rate equal to the rate in effect for state officials and
an attendance fee of fifty dollars for each day that the witness is required to appear in court.
C. No witness shall be subpoenaed to attend a trial or hearing unless the party who
desires the testimony of the witness has deposited with the clerk of court the estimated
attendance fee and travel expenses.
D. The witness shall be paid the attendance fee and travel expenses immediately by
the clerk of court when the witness has answered the subpoena and has appeared for the
purpose of testifying.
E. In cases of exceptional hardship, the court may increase the travel expenses paid
to the witness.
Amended by Acts 1956, No. 300, §1; Acts 1958, No. 303, §1; Acts 1958, No. 527,
§1; Acts 1960, No. 32, §1, eff. Jan. 1, 1961, Acts 1961, No. 25, §1; Acts 1977, No. 606, §1;
Acts 1991, No. 145, §1; Acts 2021, No. 259, §3.
Notes of Decisions
Cited in
19
cases (
1 in the last 5 years), 1962–2025 · leading case:
In Re Ballard, 238 B.R. 610 (Bankr. M.D. La. 1999).
In Re Ballard, 238 B.R. 610 (Bankr. M.D. La. 1999).
· cites it 2× “R.S. 13:3661(B) 151 does not provide for additional “cooperation compensation.”
Myers v. Broussard, 696 So. 2d 88 (La. Ct. App. 1997).
“R.S. 13:3661, which provides that a litigant requesting a subpoena for an in-state witness residing at a distance greater than twentyfive miles from the trial location must deposit adequate funds with the clerk of court to cover the witness' travel expenses at the rate of twenty…”
Phillips Petroleum Co. v. OKC LTD., 634 So. 2d 1186 (La. 1994).
“No subpoena shall issue to compel the attendance of such a witness who resides and is employed outside the parish and more than twenty-five miles from the courthouse where the trial or hearing unless the provisions of R.S. 13:3661 are complied with. La.Code Civ.”
Pittman & Matheny v. Davidge, 189 So. 2d 706 (La. Ct. App. 1966).
· cites it 2× “This, of course, is in addition to the travel and expense allowances provided for all witnesses pursuant to the terms of LSA-R.S. 13:3661. That one witness may travel farther than another does *713 not entitle him to a greater travel allowance than is provided for in LSA-R.”
Hayden v. 3M Co., 211 So. 3d 528 (La. Ct. App. 2017).
· cites it 2× “No subpoena shall issue to compel the attendance of such a witness who resides and is employed outside the parish and more than twenty-five miles from the courthouse where the trial or hearing is to be held, unless the provisions of R.S. 13:3661 are complied with. 4 5 The…”
State ex rel. Clark v. Hillebrandt, 146 So. 2d 718 (La. Ct. App. 1962).
· cites it 3× “1352-1353 and LSA-R.S. 13:3661. After hearing, the district judge ordered the clerk of court to issue the subpoenas and also ordered that “any costs to be incurred by the clerk to be paid by the police jury of the parish as required by law.”
State v. Placid Oil Co., 300 So. 2d 154 (La. 1974).
“23 which included allowances for travel, room and board in excess of those permitted by R.S. 13:3661, as well as payment for services for assistance by experts to counsel in preparation and trial of the case as distinguished from the expert's preparation to and testifying as an…”
State ex rel. Clark v. Hillebrandt, 154 So. 2d 384 (La. 1963).
· cites it 9× “The position of the clerk, however, is that he is not obliged to perform the service requested unless and until relator deposits with him adequate funds to pay all fees and expenses to which relator’s witnesses are entitled by law (R.S. 13:3661, as last amended by Act 25 of…”
Kohlmeyer & Co. v. Sobert, 273 So. 2d 884 (La. Ct. App. 1973).
“The amount that can be taxed as costs for a witness fee is specifically provided for by law in R.S. 13:3661 and 13:3671. Insofar as the judgment of the trial court assesses cost for witnesses in excess of the amount provided for in the above statutes, it is in error and must be…”
Arrington v. Galen-Med, Inc., 839 So. 2d 429 (La. Ct. App. 2003).
“R.S. 13:3661, which provides that a litigant requesting a subpoena for an in-state witness residing at a distance greater than twenty-five miles *434 from the trial location must deposit adequate funds with the clerk of court to cover the witness’ travel expenses at the rate of…”
La. Rev. Stat. § 13:3661(B): 1 case
In Re Ballard, 238 B.R. 610 (Bankr. M.D. La. 1999).
“R.S. 13:3661(B) 151 does not provide for additional “cooperation compensation.”
La. Rev. Stat. § 13:3661(C): 1 case
Jerry Lee Gaudet Versus Mosaic Fertilizer, LLC &/or Mosaic Crop Nutrition, LLC; Savage Servs. Corp.; Clements Serv. Station, Inc., A/K/A Clement's Towing; Denis Clement; Kingsmill Auto Serv., Inc.; Robert J. "Bob" Kinsgmill; Mr. D, the Savage Servs. Driver; Mr. X, Mr. Y, & Mr. Z, Mosaic Employees, 407 So. 3d 842 (La. Ct. App. 2025).
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treatment. Dots show Syfertize treatment of the citing case itself.