Legal Question in Civil Litigation in California

I have been served with subpoena as a custodian of consumer or employee records under cove of civil.

but i can not afford missing work! is there a way to not appear?

or if i have to appear at court, how much witness fee can i ask for? I am currently working as an insurance consultant and making $8500 per month and work 20 days a month.

$8500 / 20days = $425 per day

Thank you for the help!


Asked on 1/04/11, 2:22 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Most of the time, these subpoenas only require mailing the records in an envelope containing a sealed envelope with the documents. Please make sure to double-check the subpoena to see which box is checked, and whether your presence is actually required. If so, you might just telephone the subpoenaing attorney and explain your circumstance. Often, the attorneys can stipulate to the admissibility of the records without the custodian's testimony or work around your schedule to a certain extent. If you are required to appear, California statute sets forth the amount you can be paid -- a meager witness fee and round-trip mileage.

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Answered on 1/09/11, 3:36 pm
Anthony Roach Law Office of Anthony A. Roach

YOU MAKE SIX FIGURES ANNUALLY AND YOU ARE HERE ASKING FOR FREE LEGAL ADVICE?!?!??

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Answered on 1/10/11, 3:38 pm


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