Wash. Rev. Code » Title 2 · Chapter 2.40
Revised Code of Washington

Wash. Rev. Code § 2.40.010 (2026)

Witness fees and mileage

✓ current as of May 2026
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Witnesses shall receive for each day's attendance in all courts of record of this state the same compensation per day and per mile as jurors in superior court. Witnesses in any other court shall receive for each day's attendance the same compensation per day and per mile as jurors in district court.
[ 1987 c 202 s 106; 1977 ex.s. c 54 s 1; 1951 c 51 s 3; 1907 c 56 s 1, part; RRS s 497, part. Prior: 1903 c 151 s 1, part; 1893 p 421 s 1, part; Code 1881 s 2086, part.]

Notes:

Intent—1987 c 202: See note following RCW 2.04.190.
Notes of Decisions
Cited in 14 cases, 1959–2015 · leading case: Ellis v. Dep't of Labor & Indus., 567 P.2d 224 (Wash. 1977).
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Ellis v. Dep't of Labor & Indus., 567 P.2d 224 (Wash. 1977). · cites it 4× “It thus concludes that the authority to fix medical witness fees was abrogated, leaving only the statutory witness fee allowance set by RCW 2.40.010, $4 plus mileage. The flaw in this analysis is that the language of section 20, RCW 51.”
Wagner v. Foote, 908 P.2d 884 (Wash. 1996). · cites it 3× “080 7 or RCW 2.40.010. 8 Jordan v. Berkey, 26 Wn. App.”
Panorama Vill. v. Allstate Ins. Co., 26 P.3d 910 (Wash. 2001). “080 or RCW 2.40.010." (Footnotes omitted.) True enough, however, as can be seen Wagner sought recovery of statutory "costs," not "reasonable attorney fees.”
Panorama Vill. Condo. Owners Ass'n Bd. of Directors v. Allstate Ins., 144 Wash. 2d 130 (Wash. 2001). “080 or RCW 2.40.010.” (Footnotes omitted.) True enough, however, as can be seen Wagner sought recovery of statutory “costs,” not “reasonable attorney fees.”
Johnson v. Dep't of Transp., 313 P.3d 1197 (Wash. Ct. App. 2013). · cites it 2× “Johnson’s assertion, then, presents a broader question of public policy: given the current nature of the medical profession, should the time of fact witness physicians who are not retained as expert witnesses be compensable, pursuant to this cost-shifting statute, as a…”
Estep v. Hamilton, 201 P.3d 331 (Wash. Ct. App. 2008). “090 and RCW 2.40.010 authorize the award of witness mileage costs”).”
Kiewit-Grice v. State, 895 P.2d 6 (Wash. Ct. App. 1995). “090 and RCW 2.40.010 authorize the award of witness mileage costs but neither statute addresses the instate/out-of-state distinction.”
MKB Constructors v. Am. Zurich Ins., 83 F. Supp. 3d 1078 (W.D. Wash. 2015). “See RCW 2.40.010. The State’s sound public policy is reflected in that statute.”
Ennis v. Ring, 341 P.2d 885 (Wash. 1959). “RCW 2.40.010 provides that “witnesses shall receive for each day’s attendance in all courts of this state, besides mileage at ten cents per mile each way, four dollars.”
Andrews v. Burke, 779 P.2d 740 (Wash. Ct. App. 1989). “Expert witness fees are not recoverable under RCW 2.40-.”
Estep v. Hamilton, 201 P.3d 331 (Wash. Ct. App. 2009). “090 and RCW 2.40.010 authorize the award of witness mileage costs").”
Paiya v. Durham Constr. Co., 849 P.2d 660 (Wash. Ct. App. 1993). “We note that inequities may exist in that a factual (or occurrence) witness who has significant expertise through training and experience is limited by statute to a witness fee of $25 for his time, RCW 2.40.010; RCW 2.36.150, while another person, with the exact same…”
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