Legal Question in Civil Litigation in California

Reimbursment for Depositions

If you are subpeonad for a deposition, are they required to compensate you for time not at work?


Asked on 8/19/02, 11:37 am

5 Answers from Attorneys

Michael Cortson Law Office of Michael D. Cortson, Esq.

Re: Reimbursment for Depositions

You get $35. That's it. Call your Senator.

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Answered on 8/19/02, 11:45 am

Re: Reimbursment for Depositions

You get $35 plus mileage if you ask for it. You can ask when you are served with the subpoena (which is best) or when you show up. Remember to ask for witness fees before you testify.

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Answered on 8/19/02, 1:40 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Reimbursment for Depositions

If you are being required to testify as an expert witness, and you qualify under certain criteria, you are entitled to reasonable compensation for your time. If you are being supeonaed to testify as a precipient witness, you are entitled only to statutory witness fees (which are small) unless you are a party to the action or an employee or otherwise in the control of a party to the action, in which case there is not compensation.

If you wish to move the deposition to a time and/or location which will not cause you economic loss or hardship for your employer, and if the party requiring the deposition will not voluntarily reschedule to a date and time more of your convenience, you can seek a protective order from the court for that purpose.

If we can be of any further assistance, let me know and good luck.

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Answered on 8/19/02, 2:08 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Reimbursment for Depositions

They only have to pay witness fees and mileage. Be sure to demand this before the deposition starts.

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Answered on 8/19/02, 2:37 pm
Larry Rothman Larry Rothman & Associates

Re: Reimbursment for Depositions

If you are a party to the litigation, you do not have to be paid anything. If you are a witnesses, you can only be paid witnesses fees which are approxmitely $35.00 per day and $.20 per mile. If you are an expert witnesses, designated by the parties, you can set your compensation as long as it is reasonable. Should you have any questions, please contact me for free consultation at 714 363 0220. You should retain an attorney if you have any potential of being named in the lawsuit if you are not a party already.

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Answered on 8/25/02, 10:59 am


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