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In Arizona, does a Plaintiff have to pay a nonparty (non-expert) witness a fee after subpoenaing that nonparty to a deposition?

Sun City, AZ |

Plaintiff served a subpoena to a non-party witness to appear for a deposition. The non-party is not an expert, but is a former employee of the Defendant and is also a relevant fact witness directly involved in the subject incident of the litigation. Both Plaintiff and Defendant have formally listed the non-party as a witness to be called at trial in the their respective disclosure statements. Is there any Arizona rule of which requires the Plaintiff to pay a monetary fee to the non-party appearing at the deposition that they've been subpoenaed to?

Attorney Answers 1


  1. Yes,there is a witness fee and mileage that is owed when subpeoaning a witness for deposition or trial. Take a look at Arizona Revised Statutes 12-303. Good luck.

    This information is provided for general informational purposes and is not intended as legal advice. An attorney licensed in your jurisdiction can answer questions specific to your specific fact situation and provide you appropriate advice as necessary based on the specific facts of your matter and the jurisdiction in which you reside. If you are in Arizona and interested in discussing your matter further I can be reached at: (480) 838-9000 Mark D. Fullerton, P.C. 1839 S. Alma School Road, Suite 275 Mesa, Arizona 85210

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