§ 5903. Compensation and expenses of witnesses.
(a) Scope.--The provisions of this section apply to a witness served with a subpoena to testify
before any government unit (except the minor judiciary) or before the Philadelphia
Municipal Court, but do not affect:
(1) The right of a witness who gives expert testimony to receive additional per diem compensation
therefor.
(2) The compensation of a witness from another jurisdiction who appears to testify in
a criminal proceeding in this Commonwealth by virtue of process issued under the authority
of such other jurisdiction.
(b) Compensation.--Every witness, except a salaried police officer attending a coroner's inquest during
working hours, shall be paid at the rate of $5 per day during the necessary period
of attendance. A witness under the act of March 30, 1937 (P.L.115, No.40), known as
"The First Class City Permanent Registration Act" shall be paid at the rate of $20
per day.
(c) Travel.--Every witness, except a salaried police officer attending a coroner's inquest during
working hours, shall be paid mileage at the rate of 7¢ for each mile circular actually
and necessarily travelled between the place named in the subpoena and the place of
residence of the witness.
(d) Lodging and subsistence.--When a matter is prolonged from one day to the next a witness necessarily present
on both days who resides more than 50 miles by the usually-travelled route from the
place named in the subpoena and who remains there overnight shall be paid commutation
of lodging and subsistence for each such night in an additional amount equal to the
per diem witness fee.
(e) Adjournments and postponements.--When a matter is adjourned, continued or postponed for more than one day, or is prolonged
from one week to the next, a witness necessarily present both before and after such
interval and who returns to the place of residence of the witness during such interval
shall be paid one additional travel allowance for each such interval.
(f) Multiple matters.--A witness necessarily present for more than one matter at the same place during any
day shall receive only one payment for compensation and expenses under this section.
(g) Witness not called.--A witness who attends any matter under subpoena, but who is not called to testify
therein, shall receive the same compensation and expenses as if actually called to
testify.
(h) Payment at time of service of subpoena.--At the time a witness is served with a subpoena for any civil matter the witness shall,
upon demand, be paid the witness fee for one day and travel expense provided in this
section.
(i) Certification.--The person disbursing compensation and expenses to a witness under this section may
require that the witness first certify under 18 Pa.C.S. § 4904(b) (relating to statements
"under penalty") that the compensation and expenses paid do not exceed the amount
specified by this section.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff.
60 days)
1980 Amendment. Act 142 amended subsec. (a).
1978 Amendment. Act 53 added section 5903.
References in Text. The act of March 30, 1937, P.L.115, No.40, known as The First Class City Permanent
Registration Act, referred to in subsec. (b), was repealed by the act of June 30,
1995, P.L.170, No.25, known as the Pennsylvania Voter Registration Act, which was
repealed by the act of January 31, 2002, P.L.18, No.3. The subject matter is now contained
in Title 25 (Elections).
Cross References. Section 5903 is referred to in sections 6158, 7309 of this title; section 1601 of
Title 25 (Elections); section 1108 of Title 65 (Public Officers).
Notes of Decisions
Cited in
12
cases (
6 in the last 5 years), 1984–2025 · leading case:
Smith v. Rohrbaugh, 54 A.3d 892 (Pa. Super. Ct. 2012).
Smith v. Rohrbaugh, 54 A.3d 892 (Pa. Super. Ct. 2012).
· cites it 2× “Appellant also refers to 42 Pa.C.S. § 5903 and older case law, which entitle witnesses who appear pursuant to subpoena to certain per diem compensation.”
Inmates of B-Block v. Jeffes, 483 A.2d 569 (Pa. Commw. Ct. 1984).
“§2503, and establishing generally compensation and expenses of witnesses, Section 5903 of the Judicial Code, 42 Pa. C. S. §5903 which we believe are applicable here.”
Com. v. Pierce, J., No. 746 WDA 2023 (Pa. Super. Ct. July 11, 2024).
· cites it 4× “It provides, in relevant part, that “[e]very witness [] shall be paid mileage at the rate of 7¢ for each mile circular actually and necessarily travelled between the place named in the subpoena and the place of residence of the witness.”
Howard v. Port Auth., 8 Pa. D. & C.4th 241 (Pa. Ct. Com. Pl. 1990).
· cites it 5× “2 The amount of compensation and expenses that shall be paid to a witness served with a subpoena to testify at a court proceeding is governed by 42 Pa.C.S. §5903. Subsection (b) provides for every witness to be paid at a rate of $5 per day and subsection (c) provides for every…”
Com. v. Pierce, J., No. 746 WDA 2023 (Pa. Super. Ct. Apr. 16, 2024).
“-2- J-S46008-23 documentation or testimony to justify these requested expenses and contrary to the statutory allotment for expert witness fees outlined in 42 Pa.C.S. § 5903. Rule 1925(b) Statement, 7/14/23, at 1 (unpaginated).”
Com. v. Cherry, L., No. 1011 MDA 2020 (Pa. Super. Ct. Nov. 8, 2021).
“The Commonwealth responds that under 42 Pa.C.S. § 5903, an expert witness who has been served with a subpoena to testify is entitled to receive compensation for that testimony.”
Kevin Johnson v. Superintendent Mahanoy SCI, 144 F.4th 178 (3d Cir. 2025).
“See 42 Pa.C.S. § 5903(g). Although the trial court issued a bench warrant for Angelo, that was for his failure to appear on February 1, 1988.”
Kevin Johnson v. Superintendent Mahanoy SCI, 144 F.4th 178 (3d Cir. 2025).
“See 42 Pa.C.S. § 5903(g). Although the trial court issued a bench warrant for Angelo, that was for his failure to appear on February 1, 1988.”
Com. v. Kalkbrenner, K., No. 1094 WDA 2012 (Pa. Super. Ct. Jan. 14, 2015).
“Kalkbrenner states that pursuant to 42 Pa.C.S. § 5903(c), a witness may only be compensated seven cents per mile.”
42 Pa. Cons. Stat. § 5903(a)(l): 1 case
Howard v. Port Auth., 8 Pa. D. & C.4th 241 (Pa. Ct. Com. Pl. 1990).
“2 The amount of compensation and expenses that shall be paid to a witness served with a subpoena to testify at a court proceeding is governed by 42 Pa.C.S. §5903. Subsection (b) provides for every witness to be paid at a rate of $5 per day and subsection (c) provides for every…”
42 Pa. Cons. Stat. § 5903(c): 2 cases
Com. v. Pierce, J., No. 746 WDA 2023 (Pa. Super. Ct. July 11, 2024).
“It provides, in relevant part, that “[e]very witness [] shall be paid mileage at the rate of 7¢ for each mile circular actually and necessarily travelled between the place named in the subpoena and the place of residence of the witness.”
Com. v. Kalkbrenner, K., No. 1094 WDA 2012 (Pa. Super. Ct. Jan. 14, 2015).
“Kalkbrenner states that pursuant to 42 Pa.C.S. § 5903(c), a witness may only be compensated seven cents per mile.”
42 Pa. Cons. Stat. § 5903(g): 2 cases
Kevin Johnson v. Superintendent Mahanoy SCI, 144 F.4th 178 (3d Cir. 2025).
“See 42 Pa.C.S. § 5903(g). Although the trial court issued a bench warrant for Angelo, that was for his failure to appear on February 1, 1988.”
Kevin Johnson v. Superintendent Mahanoy SCI, 144 F.4th 178 (3d Cir. 2025).
“See 42 Pa.C.S. § 5903(g). Although the trial court issued a bench warrant for Angelo, that was for his failure to appear on February 1, 1988.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.