Legal Question in Civil Litigation in California
Deposition costs-----who pays?
I am a witness for the plaintiff in a civil litigation case filed in California. The defense wants to depose me, however, due to health reasons I am unable to travel to Calif. for the deposition. The defense seems to be adamant about an in person deposition and are willing to travel to me. My husband is the plaintiff and we have been told that we will have to pay costs for our attorney to travel to Washington state to attend the deposition.
---Does the defense make the arrangements and pay the cost?
---Does the defense have to contact the clerk of court in the witnesses county in order to perform a deposition on the witness?
2 Answers from Attorneys
Re: Deposition costs-----who pays?
The defense makes the arrangements with the cooperation of your husband's attorney. However, the costs are recoverable if and when your husband wins.
Re: Deposition costs-----who pays?
The proper procedure is for the defendant to get an order from the CA court, bring that to your state, and obtain a sister-state order to take your deposition. However, parties often waive that formality. As for costs, the defendant will have to pay your minor witness fee (I think it's still $35). As for your husband's attorney's travel, your husband will have to pay him/her or the attorney can hire a contract attorney to represent you for the day. That might be cheaper, but the contract attorney might not have as much knowledge of the case and your testimony as would your husband's attorney.
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