Witness Fee / Mileage Reimbursement for Deposition?

Asked over 2 years ago - Los Angeles, CA

I left my former employer two months ago for a new position. Yesterday, I was served a subpoena to testify in a deposition regarding a lawsuit by a former coworker against my former employer for discrimination/sexual harassment. I would have to take time of my new job in order to testify for this deposition. Plus, the location of the deposition is 40 miles from my home. With gasoline at $4+ a gallon, driving 80 miles and taking a day off work is highly inconvenient and costly.
Does the subpoena issuing party have to reimburse me for mileage and my time?

Attorney answers (2)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    1

    Lawyer agrees

    Answered . In California state court cases, a witness subpoenaed to testify at a deposition is entitled to witness fee of $35.00 plus mileage of 20 cents per mile, round trip from the witness's residence to the place of the hearing. The witness fee must be paid upon service of the subpoena if the witness requests it, or at the deposition.

    In federal court cases, the fee for personal appearance is $40.00 per day, plus 55½ cents per mile, round trip from the witness's residence to the place of the hearing. The fee must be paid at the time of service.

    The information presented here is general in nature and is not intended, nor should be construed, as legal advice.... more
  2. E. Martin Davidoff

    Pro

    Contributor Level 15

    Answered . In New Jersey, for example, if you are subpoena'd and not a party to the lawsuit, you can insist on being paid for your time and for your costs. I am not sure of the rules in California. Hopefully, someone there can respond.

    Marty

    Marty Davidoff, emd@taxattorneycpa.com, 732-274-1600. This answer is provided for general information only. You... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,269 answers this week

2,897 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,269 answers this week

2,897 attorneys answering