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What should I do if I haven't received my witness fee?

What should I do if I haven't received my witness fee?

Full question:

I have never received a witness fee after a deposition I attended. The lawyer, who promised to pay me, failed and was very rude. What shall I do?

Category: Evidence
Subcategory: Discovery
Date: 04/07/2025
State: California

Answer:

Witness fees are typically paid to individuals who appear at depositions, trials, or hearings. A witness is entitled to a daily fee and mileage expenses, which can vary based on whether the case is in state or federal court. In federal cases, there is no strict requirement for payment of a witness fee when serving a subpoena for records, but many areas require a $15.00 fee to be paid at the time of service if requested. If a witness is owed a fee and has not been paid, they can file a petition with the court where the case is filed to compel payment. Local rules about witness fees can differ, so it’s advisable to contact the local clerk of courts for specific information regarding payment.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is an example of unethical attorney behavior?

Unethical attorney behavior can include actions like failing to communicate with clients, misappropriating client funds, or providing false information to the court. Other examples are conflicts of interest, where a lawyer represents clients with opposing interests without disclosure, and making misleading statements about legal fees. Such behavior can lead to disciplinary actions by the state bar association.

What is the most common complaint against a lawyer?

The most common complaint against a lawyer often involves inadequate communication. Clients may feel their attorney is unresponsive or does not keep them informed about their case's progress. Other frequent complaints include perceived incompetence, lack of diligence, and issues related to billing practices. Clients can file complaints with their state bar association if they believe their attorney has acted unethically.

How do you respond to a rude lawyer?

When dealing with a rude lawyer, it's important to remain calm and professional. You can express your concerns about their behavior directly but politely. If the situation does not improve, consider documenting the interactions and discussing the issue with a supervisor or filing a complaint with the state bar association. Maintaining professionalism can help protect your interests.

What should you not say to a lawyer?

Avoid making accusations or assumptions about a lawyer's competence or ethics without evidence. Statements like 'You're not doing your job' can escalate tensions. Additionally, refrain from discussing confidential information in public settings or making threats. It's best to communicate your concerns clearly and respectfully to maintain a productive relationship.

How to write a complaint letter against an attorney?

To write a complaint letter against an attorney, start by clearly stating your name, contact information, and the attorney's name. Describe the specific issues, including dates and details of incidents. Be factual and concise, avoiding emotional language. Include any relevant documentation, such as emails or contracts. Finally, state what resolution you seek and send the letter to the appropriate state bar association.

Who pays witness expenses?

Typically, the party that calls a witness to testify is responsible for paying witness expenses, including fees and mileage. In many jurisdictions, witnesses may receive a standard fee for their time, as well as reimbursement for travel costs. If a witness has not been compensated, they may need to follow up with the attorney who called them or seek court intervention to ensure payment.