West Virginia Subpoena Service (Rule 45), Statutory Witness Fees (W.Va. Code § 59-1-16) & Out-of-State UIDDA Subpoena Domestication

1. W.Va. R. Civ. P. Rule 45 Subpoena Service Rules: Personal Delivery vs. Records-Only Subpoenas

West Virginia Rule of Civil Procedure 45 governs the issuance, service, and enforcement of subpoenas in all 31 Judicial Circuits. Under Rule 45(b)(1), a subpoena may be served by any person who is not a party and is not less than 18 years of age. Service of a subpoena upon a person named therein is made by delivering a copy thereof to such person and, if the person's attendance is commanded, by tendering to that person the statutory fees for one day's attendance and the mileage allowed by law.

Crucially, unlike a civil summons under Rule 4(d)(1)—which permits family-member abode service or clerk return-receipt mail—Rule 45(b)(1) specifies delivering the subpoena 'to such person.' For individual fact witnesses, expert witnesses, and corporate designees commanded to appear for an oral deposition or trial testimony, personal in-hand delivery accompanied by the witness fee check prevents disputes over whether the witness is subject to contempt under Rule 45(e).

When serving a subpoena duces tecum that commands only the production and inspection of documents, business records, or tangible things without requiring personal appearance at a deposition or trial, Rule 45(b)(1) requires prior notice of the commanded production to be served on each party to the lawsuit in the manner prescribed by Rule 5(b).

2. Calculating West Virginia Statutory Witness Fees Under W.Va. Code § 59-1-16 ($10–$20/Day + $0.15/Mile)

One of the most frequent procedural errors made by out-of-state and domestic counsel serving West Virginia deposition subpoenas is tendering the wrong witness fee—or failing to tender mileage altogether. In West Virginia state court proceedings, witness compensation is governed by W.Va. Code § 59-1-16.

Under W.Va. Code § 59-1-16, a witness summoned to attend any court or deposition in West Virginia is entitled to receive: (1) not less than $10.00 nor more than $20.00 for each day's attendance, as fixed by the court or other tribunal, plus (2) $0.15 per mile for each mile necessarily traveled to the place of attendance and the same ($0.15 per mile) for returning (i.e., $0.15 per mile calculated on the total round-trip distance), plus (3) all necessary bridge, ferry, and road tolls actually paid (such as West Virginia Turnpike tolls along I-77 between Charleston, Beckley, and Princeton).

For example, if a non-party witness residing in Beckley (Raleigh County) is subpoenaed to appear for an in-person deposition at a law firm in downtown Charleston (Kanawha County)—a 60-mile one-way drive (120 miles round-trip)—the statutory tender required at the time of service is $10.00–$20.00 (1 day attendance, as fixed by the court) + $18.00 (120 miles × $0.15/mile) + applicable WV Turnpike tolls. When you order subpoena service through Process Server West Virginia, we can compute the exact mileage, issue the witness fee check, and document the check number directly on the notarized Proof of Service.

3. West Virginia Rule 45 Subpoena, Witness Fee & UIDDA Reference Table

Use this verified West Virginia statutory comparison table to confirm compliance across all 55 counties and 31 Judicial Circuits. Ready for immediate dispatch? Submit your documents online here →

4. Step-by-Step Out-of-State Subpoena Domestication Under the West Virginia UIDDA (W.Va. Code § 56-12-1)

West Virginia has enacted the Uniform Interstate Depositions and Discovery Act (UIDDA), codified at W.Va. Code § 56-12-1 through § 56-12-8. Under W.Va. Code § 56-12-3, an attorney authorized in another state (such as Ohio, Pennsylvania, Virginia, Maryland, Kentucky, New York, Texas, or California) does not need to file a miscellaneous civil action or retain West Virginia local counsel merely to issue and serve a discovery subpoena on a West Virginia resident, hospital, bank, or corporation (unless a contested motion to compel or quash is later filed under § 56-12-6).

To domesticate a foreign subpoena in West Virginia under W.Va. Code § 56-12-3: Step 1 — Identify the specific West Virginia county where the witness resides, is employed, or regularly transacts business in person (e.g., Kanawha County for Charleston corporate registered agents, or Monongalia County for Morgantown witnesses); Step 2 — Prepare a West Virginia Rule 45 subpoena that incorporates the exact terms used in the foreign subpoena and lists the names, addresses, and telephone numbers of all counsel of record and any unrepresented parties in the out-of-state proceeding; Step 3 — Submit the foreign subpoena and the prepared WV subpoena (plus the Circuit Clerk's UIDDA issuance fee) to the Clerk of the Circuit Court in that West Virginia county; Step 4 — Once the Circuit Clerk signs and seals the West Virginia subpoena, serve it in strict compliance with W.Va. R. Civ. P. Rule 45 and W.Va. Code § 59-1-16.

5. Turnkey UIDDA Clerk Issuance + Rule 45 Service Across All 55 WV Counties

Process Server West Virginia provides a seamless, single-order solution for out-of-state law firms domesticating subpoenas under W.Va. Code § 56-12-1. Simply upload your issued out-of-state subpoena and draft WV subpoena through our online order form. Assigned process servers present the package in person at the appropriate County Circuit Clerk's office, obtain the clerk's signature and seal, and hand the issued subpoena directly to the assigned process server for immediate Rule 45 delivery.

Within 24 hours of serving the witness or records custodian, we return a scanned copy of the clerk-issued West Virginia subpoena alongside our sworn, notarized Proof of Service.

Related West Virginia Resources: All 55 WV Counties • Verified WV Registered Agent & Hospital Intake Hubs • All 12 WV Statutory Guides