Legal Question in Administrative Law in California

Subpena fees, Per day 6 figure incomes and travel expenses?

Dear Law Guru,

I'm a respondent in an administrative law hearing in 11/2004. The Los Angeles California Adminstrative Law hearing office has sent me a subpena form. What scares me is that the form indicates that I must pay witness fees and travel expenses to the people that I subpena. Unfortunately, their office has directed me to inquire with attorneys only. And that the administrative law office only deals with scheduleing the hearings. Conclusion, please send me any information and or suggestions that you have regarding subpenas. PS, if it turns out that I don't have to pay 200.00 per day or some rediculusly high fees. Then I will proceed to send them out. Evidnetly, there's a box that indicates certified mail. Will that work. Also, I only have the phone numbers of some of the people. Similarly, one critical witness I only have her last name. Yet she was employed by the school district. Can I subpena the school district for records of teachers names during a certain month of the 2002 school year. Oh sorry, one more thing, another important witness resides and works in Sacramento. Would I have to pay his travel fees to get him to Los Angeles.

Sincerely,

--name [email protected] (310)508-3436


Asked on 7/14/04, 10:18 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Subpena fees, Per day 6 figure incomes and travel expenses?

Why do you think $200 a day is excessive? That seems like a very modest fee to me. Many lawyers and expert witnesses charge $250 an HOUR and more. You will also have to pay travel expenses for witnesses who live more than a certain distance away.

However, I'm not sure you're right about the $200. It could be that SOME persons such as government employees are entitled to $150 or even $200 a day, but I note Government Code section 11450.40(b) says a subpenaed witness in an administrative proceeding is entitled to the same fee as a witness in a civil case, which Gov. Code sect. 68093 says is $35 a day (but it may have been raised recently).

Travel fees are 20 cents a mile for distance actually traveled, both ways.

Government Code section 11450.20(b) authorizes service of subpenas by certified mail, return receipt requested, in administrative matters.

Locating witnesses is an art. Your best bet may be to hire a private investigator in Sacramento. Expect to pay a couple hundred bucks, but a good PI can not only find your witness, but also serve the subpena for you.

A word about witnesses-- they fall into two categories, friendly and hostile. Friendly witnesses will appear and testify favorably with a minimum of prodding. Hostile witnesses need to be handled with full formalities observed.

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Answered on 7/14/04, 11:06 pm


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