Federal courts pay the generous standard IRS mileage rate, while state courts often pay fixed, outdated rates that barely cover gas.
Beyond the daily stipend, courts recognize that it costs money to drive to the courthouse. However, the difference between what a Federal court will pay for your gas versus a State court is staggering.
Federal courts use the official IRS standard mileage rate. For 2026, this rate is exceptionally generous (usually over $0.60 per mile). This rate is designed to cover not just gas, but wear-and-tear, insurance, and depreciation on your vehicle. If you drive 40 miles round trip to a federal courthouse, you could easily receive over $25 a day just in mileage.
State and county courts rarely use the IRS rate. Instead, their legislatures set fixed rates that often remain unchanged for decades. For example:
Federal courts will reimburse you in full for any highway tolls and parking garage fees you incur (keep your receipts!). State courts generally provide free designated parking or validation, but rarely reimburse you if you choose to park in a private, unapproved lot.
If you take a bus or subway, almost all courts (both federal and state) will reimburse your actual ticket cost, provided you bring the receipt or transit card history.
Federal courts reimburse your commute using the high IRS standard mileage rate, whereas state courts rely on fixed, much lower cents-per-mile formulas.