Pennsylvania Subpoena Service & Witness Fee Calculation Rules (Pa.R.C.P. 234.1–234.9 & 42 Pa.C.S. § 5903)

Serving a subpoena in Pennsylvania is one of the most frequent—and procedurally sensitive—tasks in civil litigation. While Pa.R.C.P. Rule 234.2 authorizes any competent adult (private process server) to serve subpoenas across all 67 Pennsylvania counties without using the County Sheriff, Pennsylvania enforces two strict procedural requirements that differ sharply from federal practice and neighboring states:

1. The Mandatory 20-Day Advance Notice Rule (Pa.R.C.P. 4009.21) before a non-party document subpoena (Subpoena Duces Tecum) can even be issued or served; and
2. The Statutory Witness Fee & Circular Mileage Formula (42 Pa.C.S. § 5903) required to enforce a witness’s personal attendance at trial or deposition.

Below is the definitive guide to serving subpoenas in Pennsylvania state courts, calculating exact witness fees, and avoiding motions to quash or discovery sanctions.

1. Types of Subpoenas Under the Pennsylvania Rules of Civil Procedure

Pennsylvania civil practice distinguishes between three distinct subpoena mechanisms, each governed by specific rules and official Supreme Court forms:

A. Subpoena to Attend and Testify (Pa.R.C.P. 234.1 & Rule 234.6 Form)

Compels a witness to appear in person at a trial, hearing, arbitration, or oral deposition (Subpoena Ad Testificandum). Under Pa.R.C.P. 234.1(b), this subpoena may also command the witness to bring along specified books, papers, documents, or tangible things in the witness’s possession at the time they appear to testify.

• Crucial Prohibitions (Note to Pa.R.C.P. 234.1): A Rule 234.1 Subpoena to Attend and Testify may NOT be used purely to obtain documents from a non-party before trial without taking an actual deposition or holding a hearing. Attempting to serve a trial/deposition subpoena with a “mail-in records in lieu of appearance” cover letter—without first complying with the 20-day notice rule of Pa.R.C.P. 4009.21—is a classic violation of Pennsylvania discovery rules that results in immediate suppression of records and sanctions.

B. Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.22 (Pa.R.C.P. 4009.21–4009.27)

When an attorney seeks business records, medical records, bank statements, employment files, or insurance claim files from a non-party (such as a hospital, bank, employer, or telecom carrier) without requiring the records custodian to sit for an oral deposition, the attorney must follow the two-step procedure under Pa.R.C.P. 4009.21 and 4009.22.

C. Minor Court / Magisterial District Court Subpoena (Pa.R.C.P.M.D.J. 214)

Issued by a Magisterial District Judge or Philadelphia Municipal Court Judge for small claims or landlord-tenant hearings.

2. The Mandatory 20-Day Advance Notice Rule for Non-Party Document Subpoenas (Pa.R.C.P. 4009.21)

Before you can serve a records-only subpoena on any non-party hospital, corporation, bank, or third party in a Pennsylvania Court of Common Pleas action, you must complete this mandatory sequence:

1. Step 1 — Serve Notice of Intent (Pa.R.C.P. 4009.21(a)): The party seeking production must serve upon every other party to the lawsuit a written Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery, attaching a copy of the exact proposed subpoena.
2. Step 2 — Wait the Full 20-Day Objection Window (Pa.R.C.P. 4009.21(c)): You must wait at least twenty (20) days after serving the Notice of Intent (plus 3 additional days if the Notice of Intent was served on opposing counsel by mail in many local practice calculations) to allow any party to file written objections.
3. Step 3 — Execute the Rule 4009.22 Certificate Prerequisite to Service: If no written objections are received within the 20-day period, the requesting attorney executes the mandatory Certificate Prerequisite to Service of a Subpoena (Pa.R.C.P. 4009.25 Form) certifying that:
   • The Notice of Intent was served on all parties at least 20 days prior;
   • No objections have been received; and
   • Nothing has been altered on the subpoena since the Notice of Intent was served.
4. Step 4 — Serve the Non-Party Record Custodian (Pa.R.C.P. 4009.22(a)): Once issued by the Prothonotary and accompanied by the signed Certificate Prerequisite to Service, the subpoena is delivered to Process Servers Pennsylvania for service on the non-party custodian, who then has at least 20 days after service to produce the requested records together with a Certificate of Compliance (Pa.R.C.P. 4009.23).

3. Who Can Serve a Subpoena & Permitted Methods of Service (Pa.R.C.P. 234.2)

Under Pa.R.C.P. Rule 234.2(b), a subpoena may be served anywhere within the Commonwealth of Pennsylvania by any competent adult (any non-party individual 18 years of age or older) using any of the following methods:

1. Personal Hand-Delivery (Rule 234.2(b)(1)): By handing a copy directly to the person subpoenaed; OR by handing a copy at the residence of the witness to an adult member of the family or adult person in charge (Rule 402(a)(2)(i)-(ii)); OR by handing a copy at any office or usual place of business of the witness to their agent or the person for the time being in charge thereof (Rule 402(a)(2)(iii)).
2. Certified or Registered Mail (Rule 234.2(b)(2)): By any form of mail requiring a return receipt, postage prepaid, restricted delivery to the person to be served. Warning: Mail service of a subpoena is only valid if the witness voluntarily signs the return receipt (Pa.R.C.P. 403), and if a witness fails to appear after mail service, courts are frequently reluctant to issue a bench warrant (Pa.R.C.P. 234.5) without proof of personal service by a process server.
3. Ordinary Mail with Signed Acknowledgment (Rule 234.2(b)(3)): Only valid if the witness voluntarily signs and returns the detachable acknowledgment of receipt of subpoena.

For hostile witnesses, reluctant former employees, key eyewitnesses, medical providers, and corporate registered agents, personal service by a professional process server under Rule 234.2(b)(1) is the gold standard because it immediately establishes enforceable jurisdiction for a motion to compel, contempt sanctions, or a bench warrant under Pa.R.C.P. 234.5.

4. How to Calculate Pennsylvania Statutory Witness Fees & Mileage (42 Pa.C.S. § 5903)

In Pennsylvania state court proceedings, witness compensation and mileage reimbursement are governed by Section 5903 of the Judicial Code (42 Pa.C.S. § 5903) and Pa.R.C.P. Rule 234.2(c).

The Exact Statutory Formula Under 42 Pa.C.S. § 5903(b) & (c):

• Daily Attendance Fee: $5.00 per day (42 Pa.C.S. § 5903(b) — “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.”).
• Circular Travel Mileage Rate: $0.07 per mile round-trip (42 Pa.C.S. § 5903(c) — “Every witness, except a salaried police officer attending a coroner’s inquest during working hours, shall be paid mileage at the rate of 7 cents for each mile he actually travels in going to such place from his place of residence and returning, but not for a greater number of miles than would be required for traveling by the usually-traveled route.”).

Worked Example of a Pennsylvania Witness Fee Calculation:

Suppose you are serving a trial or deposition subpoena on a non-party witness residing in King of Prussia, PA (Montgomery County) to appear and testify at a hearing at Philadelphia City Hall (1400 JFK Blvd, Philadelphia, PA):

1. One-Way Driving Distance (Usually-Traveled Route via I-76 E): 20 miles.
2. Circular (Round-Trip) Mileage: $20 \text{ miles} \times 2 = 40 \text{ miles}$.
3. Mileage Calculation: $40 \text{ miles} \times $0.07/\text{mile} = $2.80$.
4. 1-Day Statutory Attendance Fee: $$5.00$.
5. Total Statutory Witness Fee Check: $$5.00 + $2.80 = $7.80$.

When Must the Witness Fee Be Paid? (Pa.R.C.P. 234.2(c) vs. 42 Pa.C.S. § 5903(d))

Read Pa.R.C.P. Rule 234.2(c) carefully:

“The fee for one day’s attendance and round trip mileage shall be tendered upon demand at the time the person is served with a subpoena. If a subpoena is served by mail, a check in the amount of one day’s attendance and round trip mileage shall be enclosed with the subpoena.”

Under 42 Pa.C.S. § 5903(g), if a witness demands their statutory one-day fee and circular mileage at the time of service and it is not paid, the witness is not required to attend, and the court cannot issue a bench warrant or hold the witness in contempt under Pa.R.C.P. 234.5. To eliminate any excuse or dispute at the door, Process Servers Pennsylvania recommends tendering the statutory witness fee check automatically upon every personal service of a trial or deposition subpoena.

What About Federal Court Subpoenas in Pennsylvania (EDPA, MDPA, WDPA)?

If your subpoena is issued out of a U.S. District Court under Federal Rule of Civil Procedure 45, Pennsylvania’s $5.00 / $0.07 formula does not apply. Instead, under 28 U.S.C. § 1821, federal subpoenas require a $40.00 per day attendance fee plus the current GSA federal mileage rate (round-trip), which must be tendered simultaneously with service of the subpoena under FRCP 45(b)(1).

What About Medical Records Copying Fees Under a Subpoena Duces Tecum? (42 Pa.C.S. § 6152)

When serving a subpoena for medical charts and records on a Pennsylvania health care facility or physician under 42 Pa.C.S. § 6152, no upfront $5.00 witness attendance fee is required unless a live custodian appearance is demanded. Instead, under 42 Pa.C.S. § 6152(a)(2), the hospital or health care provider bills the requesting attorney according to the statutory inflation-adjusted per-page medical record reproduction rate published annually in the Pennsylvania Bulletin by the Secretary of Health.

Summary Checklist Before Dispatching Your PA Subpoena

1. Is it a Trial / Live Deposition Subpoena (Pa.R.C.P. 234.1)?
   • Ensure it is signed and sealed by the County Prothonotary (or Office of Judicial Records in Philadelphia).
   • Have our team attach the $5.00 + $0.07/mile round-trip witness fee check (42 Pa.C.S. § 5903).
2. Is it a Non-Party Records-Only Subpoena (Pa.R.C.P. 4009.22)?
   • Confirm the 20-day Notice of Intent (Rule 4009.21) has expired without objection.
   • Include the signed Certificate Prerequisite to Service (Rule 4009.25) and blank Certificate of Compliance (Rule 4009.23) in the PDF packet you upload to us.

Ready to serve a subpoena anywhere in Pennsylvania? Upload your subpoena PDF on our Order Page for $69 Standard, $119 Rush (24-Hour), or $169 Same-Day Service.