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:
- State: California
Answer:
Generally, witness fees are payable anytime a witness is required to appear at a deposition, trial or hearing. The witness is entitled to a flat rate per day, as well as mileage expenses. Rates vary depending on whether it is a case in state or federal court. There is no strict requirement for payment of a witness fee when serving a subpoena for records in federal cases; however many locations require a $15.00 fee. The fee must be paid at the time of service if the witness demands it. Otherwise it can be paid at the time of the appearance.
If a witness is owed a witness fee and fails to be paid such fee, a petition may be made to the court where the case is filed to compel the payment of the fees. Local rules regarding payment of witness fees vary. I suggest calling the local clerk of courts to inquire about payment of fees.
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.
