Legal Question in Administrative Law in California
rights of subpeonaed witness
I was subpeonaed 6 times to testify against my employer by the plaintiff in a work comp case. I had to use 6 vacation days and pay parking and mileage on all appearences. Employer says that I am not entitled to reimbursment because I was not testifying for them, per their policies.
What can I do to get my time restored and compensation for my expenses, since my appearence was mandatory?
2 Answers from Attorneys
Re: rights of subpeonaed witness
TX requires that the person requiring your attendance pay you a nominal amount for costs but CA might not require that if you haven't already been paid when you appeared.
Re: rights of subpeonaed witness
See Code of Civil Procedure sections 1985 et seq. for laws affecting subpoenas. Especially note 1985.6 covering subpoenas for employment records. They're too long to quote here. It is also my understanding that witness fees and mileage must be paid in many circumstances, not just when the issuing party's "policy" allows it. See CCP 2064 and 2065, and Government Code sections 11450.40 and 68093.
Government Code section 68093 sets the rate at $35/day and 20c per mile in each direction. It is supposed to be advanced to you along with the subpoena. I usuall just give the process server a check for fifty bucks, payable to the witness, to cover the daily fee and estimated mileage for a local appearance.
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