Michigan Subpoena Service & Witness Fees: MCR 2.506 Compliance & MCL 600.2552 ($12/Day or $6/Half-Day + Mileage)

1. Mandatory Michigan Subpoena Witness Fee & Mileage Calculation (MCL 600.2552 & MCR 2.506(G))

Whether you are subpoenaing an eyewitness to testify in the Wayne County Third Circuit Court, compelling a non-party deposition in Oakland County, or domesticating an out-of-state subpoena in Kent or Washtenaw County, strict compliance with MCR 2.506 and MCL 600.2552 determines whether the court can compel attendance or hold a non-appearing witness in contempt.

Under MCL 600.2552(1), a witness who attends any action or proceeding pending in a court of record is entitled to receive $12.00 for each day and $6.00 for each half-day of attendance, plus round-trip mileage at the state employee travel reimbursement rate set by the Department of Technology, Management, and Budget (DTMB), estimated from the witness's residence to the court or deposition site and back. Under MCR 2.506(G)(1), a subpoena must be served in the manner provided by MCR 2.105, and the fee for one day's attendance plus mileage must be tendered to the person on whom the subpoena is served at the time of service.

If a subpoena (SCAO Form MC 11) is served without attaching a witness fee check covering the $12.00 full-day (or $6.00 half-day) fee plus round-trip mileage, the judge cannot issue a bench warrant or hold the non-appearing witness in contempt under MCR 2.506(E). Include the witness fee check with your order; the server delivers it with the subpoena and notes the amount on the MCR 2.104 Proof of Service.

2. The 2-Day vs. 14-Day Subpoena Timing Rule: MCR 2.506(C)(1) vs. MCR 2.305(A)

Michigan Court Rules distinguish between trial/hearing subpoenas under MCR 2.506 and non-party discovery subpoenas under MCR 2.305:

• Trial & Hearing Subpoenas (MCR 2.506(C)(1)): Must be served sufficiently in advance to give the witness reasonable time to comply, and at least 2 days before the witness is to appear (excluding Saturdays, Sundays, and court holidays under MCR 1.108(1)) unless the court orders a shorter period for good cause.
• Non-Party Document Production Subpoenas (MCR 2.305(A)(2)): A subpoena commanding a non-party to produce and permit inspection/copying of documents or ESI—with or without a deposition—must provide a compliance window of not less than 14 days after service.

3. Serving Hospital HIM / Medical Records & Corporate Subpoenas Across Michigan (MCR 2.506(I))

Under MCR 2.506(I), a hospital may comply with a medical records subpoena by delivering return-receipt copies of the chart without a personal custodian appearance unless personal testimony is specifically commanded. However, healthcare networks reject subpoenas that are not delivered to their designated Health Information Management (HIM) / Release of Information (ROI) intake desk with a HIPAA authorization or Qualified Protective Order under 45 CFR 164.512(e). Michigan's primary hospital and registered agent intake counters include:

• Corewell Health (East & West): William Beaumont University Hospital (3601 W. 13 Mile Rd, Royal Oak, MI 48073) & Butterworth Hospital (100 Michigan St NE, Grand Rapids, MI 49503).
• Henry Ford Health & Detroit Medical Center (DMC): Henry Ford Corporate Legal / HIM Intake (1 Ford Place / 2799 W. Grand Blvd, Detroit, MI 48202) and DMC Harper / Detroit Receiving / Sinai-Grace.
• University of Michigan Health (Michigan Medicine): HIM Release of Information (1500 E. Medical Center Dr, Ann Arbor, MI 48109) and UM Health-Sparrow (1215 E. Michigan Ave, Lansing, MI 48912).
• Commercial Registered Agent Subpoena Hubs: CT Corporation System (40600 Ann Arbor Rd E, Plymouth, MI 48170) and CSC-Lawyers Incorporating Service (2900 West Road, East Lansing, MI 48823).

4. Domesticating Out-of-State Subpoenas in Michigan Under the UIDDA (MCL 600.2201 – 600.2209)

Out-of-state attorneys can domesticate a foreign subpoena in Michigan under the Uniform Interstate Depositions and Discovery Act (MCL 600.2201 et seq. & MCR 2.305(E)) without retaining local Michigan counsel:

1. Prepare SCAO Form CC 11a: Incorporate the exact terms of your foreign subpoena and list all counsel of record and unrepresented parties as required by MCL 600.2203(3).
2. Submit to the County Circuit Court Clerk: Submit the foreign subpoena and Form CC 11a to the circuit court clerk in the Michigan county where discovery is sought (Wayne, Oakland, Macomb, Kent, Washtenaw, Ingham, or any of the 83 counties).
3. Serve Under MCR 2.506 with MCL 600.2552 Witness Fees: After the clerk issues the Michigan subpoena, serve the deponent or records custodian with required witness fees attached.

5. Frequently Asked Questions: Michigan Subpoenas & MCL 600.2552 Witness Fees

Can a Michigan subpoena be left with a family member or receptionist?

No. Under MCR 2.506(G)(1), a subpoena must be served in the manner provided by MCR 2.105, which requires personal in-hand delivery to an individual target (or restricted-delivery return-receipt mail signed personally by the addressee). Personal delivery by a private process server with simultaneous physical tender of the witness fee check is required to enforce attendance under MCR 2.506(E).

Do I have to pay the $12.00 witness fee when compelling an opposing party to appear?

No. Under MCR 2.506(A)(1) and MCR 2.306, a properly served Deposition Notice or Notice to Appear compels a named party (or corporate party officer/managing agent) without a non-party witness fee.