Generally, fees and expenses of fact witnesses for defendants proceeding under the Criminal Justice Act (CJA) are paid by the Department of Justice (DOJ). [Federal Rule of Criminal Procedure 17(b)] [28 U.S.C. § 1825]
28 U.S.C. § 1825 specifically provides for the payment of witness fees by the DOJ in all federal criminal proceedings, and in proceedings for a writ of habeas corpus or under 28 U.S.C. § 2255 (upon certification of a federal public defender or assistant federal public defender or clerk of court upon the affidavit of other counsel appointed under the CJA). If advance witness travel funds are required, the court should issue an order authorizing the travel advance by the U.S. Marshal Service. These expenses will not be paid from CJA funds.