Legal Question in Business Law in California

Buisness law

I was asked to testify for an x-employer. Now I must travel 800 miles to see a judge. They will pay for plain ticket and room. What else should they pay for?


Asked on 5/14/09, 4:48 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Buisness law

Transportation to and from the airport at both ends (cab fare or round trip mileage plus parking); also "per diem" (an amount to cover the cost of your meals) at the rate paid to federal govt. employees, the rate depends on the city, please google [GSA per diem]

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Answered on 5/14/09, 5:21 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Buisness law

If you are doing this voluntarily, or to protect your own interests, there is no requirement that I know of that (a) you do this, or (b) that anyone pay your expenses. On the other hand, if you have been subpoenaed, you are entitled to whatever the jurisdiction allows, which in California isn't much. See Code of Civil Procedure sections 2064 and 2065.

One advantage of appearing voluntarily is that, at least in this case, you're preumably getting more than you would be entitled to as a minimum under the subpoena rules, which currently require the subpoenaing party to pay only $35 a day and 20c a mile in each direction (Government Code section 68093).

There are special rules for expert witnesses, as distinguished from percipient witnesses. If you have been engaged as an expert, ask the attorney who engaged you, but generally you'd be allowed whatever your contract rates are.

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Answered on 5/14/09, 5:42 pm


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