If I have been subpoenaed, does my employer need to pay my wages for the time that I am away?

Asked over 4 years ago - Miami Beach, FL

I was subpoenad for a car accident that I was involved in but was not seriously affected and one of the other parties is calling me in to testify to the situation. my employer has paid for jury duty in the past.

Attorney answers (3)

  1. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . Your employer is not required to pay you your wages while you are being deposed or while testifying in court. The attorney who issued the subpoena is required to pay you the statutory appearance fee, plus mileage for your appearance, which would include round-trip mileage. If missing work is a particular burden, you could contact the attorney issuing the subpoena and see if they are willing to pay you reasonable compensation for your lost earnings. While not required to do so, some attorneys will provide reasonable compensation because they understand that your appearance and lost time from work can be egregious in some circumstances.

    Legal Disclaimer:

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.

  2. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . Your employer is not required to pay you your wages while you are being deposed or while testifying in court. The attorney who issued the subpoena is required to pay you the statutory appearance fee, plus mileage for your appearance, which would include round-trip mileage. If missing work is a particular burden, you could contact the attorney issuing the subpoena and see if they are willing to pay you reasonable compensation for your lost earnings. While not required to do so, some attorneys will provide reasonable compensation because they understand that your appearance and lost time from work can be egregious in some circumstances.

    Legal Disclaimer:

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.

  3. Joseph A Blaszkow

    Contributor Level 15

    Answered . Your employer is not required to pay for this, but they are not required to pay for jury duty either. It is commendable that they do this. The situations are comparable and so perhps they will be willing to accomodate you. Either way, your testimony will be important to the party that subpoenaed you. Recognize that you are performing a civil service, and that if you needed a witness to make your case, you would be appreciative of that as well. Finally, in some jurisditions, for example in federal court, the party that subpoenas you is required to give you a statutory witness fee. Ask the attorney who issued the subpoena to you about this. Good luck.

    The author of this post is licensed to practice law in the District of Columbia, Maryland, and Virginia. This post is intended as general information only, and is not provided as legal advice in connection with any specific case, and does not create an attorney-client relationship.

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