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What establishes that lost wages to attend a civil trial are not actionable?

Minneapolis, MN |
Filed under: Litigation

I have seen a "general consensus" (which may or may not be accurate) on the Internet that one cannot successfully sue for lost wages to attend a civil trial. For a district court action in Minnesota, what statute, court rule, legal theory, and/or case law supports or opposes this idea? Note that the lost wages are only to attend court proceedings, not due to an injury or any employment-related claim.

My question does relate to a party in a lawsuit, whose counterclaim includes lost wages to attend trial. As stated, it sounds like lost wages for a party to attend trial are not actionable. I am just looking for the statute, court rule, legal theory, and/or case law to back up that assertion, given that this civil trial is in district court in Minnesota.

Attorney Answers 1


Your question is somewhat unclear as I am not sure whether you are asking about lost wages for a party, or for a non-party witness. If your question relates to a party, then the general rule is that lost wages, as other expenses of pursuing a case, are borne by the respective parties. Non-party witnesses have no obligation to attend court proceedings unless they are served with a subpoena. If served with a subpoena, in some jurisdictions they are entitled to a statutory witness fee.

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