Witness fees after a court summons: Austria

The main legal basis is the Austrian Fees Entitlement Act (Gebührenanspruchsgesetz, GebAG). Under section 3 GebAG, a witness fee includes necessary costs caused by the journey to the place of examination, the stay and the return journey, as well as compensation for time lost where the witness duty causes a financial disadvantage.

As a rule, the witness must have been summoned and examined by the court. Section 4 GebAG can also cover a person who attended on a summons but was not examined through no fault of their own. A person who attends without a summons must satisfy the specific statutory requirements.

Witness fees are not a flat-rate payment for every inconvenience. Only necessary and legally recognised items are reimbursed. Travel, stay, professional absence and the supporting documents should therefore be recorded separately.

Section 6 GebAG covers necessary transport costs and certain walking distances. In principle, the relevant route is between the place of examination and the witness’s home or workplace, depending on where the journey must start or end. Public transport is reimbursed under the applicable fares and the rules in sections 7 and 8 GebAG.

Travel by private car or another vehicle is not automatically reimbursed in full. Under section 9 GebAG, the reasonable costs of another vehicle may be considered where suitable public transport is unavailable or cannot reasonably be used, or where the witness otherwise could not arrive in time for an immediate examination.

For a long journey, keep tickets, parking and toll receipts as well as departure and arrival times. Anyone claiming an exceptional route or private-car travel should explain the relevant circumstances instead of submitting only a total amount.

Compensation for time lost under sections 17 and 18 GebAG concerns the period the witness had to spend away from home or work because of the examination. It is not compensation for leisure time as such, but for a resulting financial disadvantage.

For employees, this can include earnings actually lost where the absence is not covered by continued remuneration. Self-employed persons must explain the concrete economic loss and its connection with the necessary absence. Merely stating that no work was performed that day is generally not enough.

Section 19(2) GebAG refers in particular to a confirmation of loss of earnings or the remuneration of a substitute or assistant. An employer confirmation should state the date, the necessary absence and the concrete loss. Self-employed persons should add cancelled assignments, replacement work or a transparent calculation where available.

Under section 19(1) GebAG, the witness must claim the fee within 14 days after the examination. The same applies where the witness attended the court but was not examined through no fault of their own. A witness summoned from abroad has four weeks under section 19(1) GebAG.

The claim is made at the court before which the evidence was or was intended to be taken. It may be made in writing or orally. In practice, a written list is useful: it should show each cost category, the amount and the corresponding evidence.

Under section 19(3) GebAG, the summons should draw attention to the claim and to the possible need for proof. Nevertheless, the claim should not be left until the final day. Without evidence the court cannot simply award the requested amount.

Special rules apply to witnesses summoned from abroad. Section 16 GebAG can cover higher food and accommodation costs and further absolutely necessary expenses where they are proven and correspond to the witness’s circumstances. The costs must have been caused by the journey to Austria, the stay and the return journey.

If a hearing is moved at short notice or interrupted for a long period, record the court’s instructions and the time actually spent. A second journey is not automatically reimbursed; necessity and the statutory conditions remain decisive.

A person who attends only as a companion or voluntarily stays longer cannot automatically claim those expenses. The decisive question is which costs were necessary to fulfil the witness duty.