Subpoena Service & Witness Fee Calculation Rules in Colorado (C.R.C.P. Rule 45)

Under C.R.C.P. Rule 45(b), Colorado enforces strict advance service windows: at least 48 hours before appearance for a trial or hearing subpoena, and at least 14 days before compliance for a deposition or document production subpoena (subpoena duces tecum). When compelling in-person attendance, you must tender statutory round-trip mileage reimbursement under C.R.S. § 13-33-103.

1. Statutory Notice Windows Under C.R.C.P. Rule 45(b)(1)

Rule 45 of the Colorado Rules of Civil Procedure is far more specific regarding service lead times than the federal rule. Under C.R.C.P. Rule 45(b)(1), the required time between service of the subpoena and the time specified for compliance depends on what the subpoena commands:

First, for a subpoena commanding attendance at a trial or court hearing (Rule 45(b)(1)(A)), service must be made at least 48 hours before the time for appearance, unless the court orders a shorter timeframe for good cause shown. Second, for a subpoena commanding attendance at a deposition, or commanding the production of documents, electronically stored information (ESI), or tangible things, or inspection of premises (Rule 45(b)(1)(B) & (C)), service must be completed at least 14 calendar days before the date of compliance.

Additionally, when serving a subpoena for document production (subpoena duces tecum), C.R.C.P. Rule 45(b)(5) requires the issuing party to serve a copy of the subpoena on all other parties to the litigation immediately after service on the non-party witness, giving opposing counsel opportunity to object before records are produced.

2. How to Calculate Colorado Witness Fees & Mileage (C.R.S. § 13-33-103)

One of the most frequent procedural questions Colorado paralegals face is how to calculate the witness fee and mileage check attached to a civil subpoena. Under C.R.C.P. Rule 45(b)(3), if a subpoena requires a person's in-person attendance, the serving party must tender to the witness the fees for mileage allowed by law.

Colorado's statutory framework is set out in C.R.S. § 13-33-102 and C.R.S. § 13-33-103. Under C.R.S. § 13-33-103(1), every witness in a court of record is entitled to receive mileage for each mile actually and necessarily traveled in going from their place of residence to the place named in the subpoena and returning (round-trip mileage). The per-mile rate is tied directly to C.R.S. § 24-9-104(2)(d), which sets mileage reimbursement for state officers and employees at 90% of the prevailing IRS standard business mileage rate for two-wheel-drive vehicles (or 95% for four-wheel-drive vehicles when necessary).

For example, if the prevailing IRS standard rate is $0.67 to $0.70 per mile, the Colorado statutory 2WD rate is approximately $0.60 to $0.63 per mile round-trip. While historical nominal daily attendance fees in C.R.S. § 13-33-102 ($1.50 to $2.00 per day depending on county class) are rarely disputed, failing to tender a valid round-trip mileage payment (or reasonable estimate) renders the attendance command unenforceable by contempt. Note that if a subpoena commands ONLY the production of records (records-only subpoena duces tecum with no physical appearance required), no mileage check is required at the time of service.

3. Manner of Service Under C.R.C.P. Rule 45(b)(2)

Under C.R.C.P. Rule 45(b)(2), a subpoena may be served by any person over the age of 18 who is not a party to the action. Service of a subpoena is made by delivering a copy to the named person, or as otherwise ordered by the court. Importantly, C.R.C.P. Rule 45(b)(2) explicitly cross-references C.R.C.P. Rule 4(e), meaning that service on an individual witness can also be accomplished by leaving a copy at the witness's usual place of abode with any person over the age of 18 who is a member of the witness's family, or at the witness's usual workplace with the witness's supervisor, secretary, administrative assistant, bookkeeper, human resources representative, or managing agent!

This workplace and abode flexibility under Colorado Rule 45(b)(2) is a tremendous advantage over federal court (FRCP Rule 45), where strict hand-to-hand delivery is typically required. However, if you are serving a federal subpoena in the U.S. District Court for the District of Colorado, our process servers strictly adhere to FRCP Rule 45 personal hand-delivery and the $40/day federal witness fee + IRS mileage tender under 28 U.S.C. § 1821.

4. Special Rules for Medical, Bank & Tax Records in Colorado

Under C.R.C.P. Rule 45(c)(2)(B), if a civil subpoena seeks the production of a consumer's or patient's privileged medical records, mental health records, state or federal income tax returns, or private bank/financial records, the subpoena MUST be accompanied by either (1) a signed written authorization from the privilege-holder (e.g., a HIPAA-compliant release signed by the patient), or (2) a specific court order authorizing production after notice. Without one of those two attachments, hospital Health Information Management (HIM) desks at UCHealth, Denver Health, or Children's Hospital Colorado are legally obligated to refuse production.

5. Checklist for Serving Valid Colorado Subpoenas Under C.R.C.P. Rule 45

Before uploading your Colorado subpoena (Form JDF 80 or JDF 90) for service, confirm these five procedural checkpoints: (1) Lead Time: At least 14 calendar days before compliance for depositions and document production (Rule 45(b)(1)(B)-(C)), or at least 48 hours for trial testimony (Rule 45(b)(1)(A)); (2) Witness Mileage Check: Attached round-trip mileage calculated under C.R.S. § 13-33-103 and § 24-9-104 if physical attendance is required; (3) Protected Records Attachment: Signed HIPAA/consumer authorization or court order attached if seeking medical, financial, or tax records under Rule 45(c)(2)(B); (4) Notice to All Parties: Serve a copy on all other counsel immediately after service on the witness under Rule 45(b)(5); and (5) Proper Target Designation: Name the exact custodian of records or registered agent.

Frequently Asked Questions