I am a Plaintiff in pro per in a civil case. I am trying to serve the other side with depositions subpoenas. The reason I decided not to send them deposition notices, is because when I send notices, they never appear, and the believe it or not, the court doesn't do a thing about it. After consulting with an attorney, he suggested that I send them subpoenas, since subpoenas are considered court orders and harder to violate. The only problem is that I am very confused as to how much their witness fee should be in this case. These are employees of the UC system. In that case, would they be considered state employees and would I have to serve them with the $275 witness fee?? I am very concerned about this because I have in the past served them with deposition subpoenas along witha $275 witness fee (just to be safe), but what happened is that they cashed my checks, which were a total of almost $900 and then never appeared. The case then got stayed for a reason, and then the stay has been lifted. So this time around, I want to make sure that the $275 witness fee is even necessary. I've done some legal research, but I got different answers. In some codes it states that the if the witness is a party, the $275 is not necessary, and other sections state that if it's a state employee (which I"m not sure whether a UC employee would fit under this category or not) the $275 has to be served along with the subpoena. I would VERY MUCH appreciate it if someone on here gives me feedback as to what the law says regarding this, and whether they would in fact be considered state employees. I know they are part of a public entity, but I"m not sure if that definition would qualify them as state employees under the law.
If the court will not compel the opposing party to appear in response to a deposition notice, what makes you think the court will compel attendance if you serve a subpoena? My hunch is that "the court doesn't do a thing about it" because either your deposition notice or your motion to compel is procedurally flawed. Instead of serving a (similarly flawed) subpoena and/or following it up with a (similarly flawed) motion to compel, you should just do it right in the first place. Better yet, you should seriously consider having this work done by someone who actually knows what they're doing.
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