Legal Question in Constitutional Law in California
witness fees
When you are served with a summons, and ask for witness fees and they don't pay you. Do you have to appear? For small claims court?
Asked on 7/06/04, 9:09 am
1 Answer from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
Re: witness fees
If you received a summons (as opposed to a subpoena) then you are a defendant and not a witness. Witness fees are only available to witnesses, so you are not entitled to them.
If you don't appear in the small claims court on the scheduled date, the court will probably enter judgment against you for the full amount sought by the plaintiff, plus court costs.
Answered on 7/06/04, 2:43 pm