Legal Question in Family Law in California

You don't say whether or not you have been subpoenaed for court or deposition. If it is for court, the stautuory witness fee and mileage is just terribly inadequate. I haven't looked it up recently, but it is something like $15/day and $0.15/mile, and that's all they are required to pay. They can't make you bring copies to court.

If it is for a depotsition, they must pay the "reasonable cost" of collecting and copying the documents. The witness and mileage fees are the same. However, for a deposition it must be taken either in the county in which you reside or have your principal place of business, or the county in which the action is pending AND within 50 miles of your residence or principal place of business. So there should not be much mileage and no food, hotel or anything.

Whether it is for court or deposition, however, most attorneys, realize that screwing a witness by only paying the statutory minimum witness and mileage fees is going to "destroy their memory" at best, and may make them "remember" a whole lot of really "negative" things. So you should contact the attorney who issued the subpoena and ask them if they can take the deposition in a more convenient setting, or "accomodate your needs" regarding food, lodging, transport, etc., if it is for court or they need to take the deposition at a distant location. 99 times out of 100 you will find them VERY willing to cover reasonable expenses. Just don't expect to fly first class and stay at the Ritz Carleton, because that would make it look like they are buying your favorable testimony. The other attorney in the case will be sure to ask about whether you were compensated for your testimony and you will have to answer truthfully. Ideally for the subpoenaing attorney you will be able to say something like, "Well, my basic expenses have been paid, but I'm at the Holiday Inn, and eating at Denny's, and I've had to take a personal day at work."