Legal Question in Civil Litigation in Massachusetts

Description of Attendance Fees called for by Subpeona

I have been served a subpeona to appear at a lawyer's office to be deposed in a pending civil action for which I am a witness but neither a plaintiff nor defendant.

In Rule 45(c) of the Massachusetts Rules of Civil Procedure, it calls for the ''tendering to him (ed note: the person being deposed) the fee for one day's attendance and the mileage allowed by law.''

I am a consultant with active contracts documenting the daily fee that I receive for services I render.

Does this mean that the person who served me the subpeona to be deposed is required to pay me ''one day's wages and the standard mileage'' for my travel to the office address at which I am directed to appear for the deposition?

I received (without explanation or reference) a check for only $16 with the subpeona. I am 48 miles from the address at which I have been directed to appear.


Asked on 8/27/01, 1:57 pm

1 Answer from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Re: Description of Attendance Fees called for by Subpeona

Wouldn't that be a nice idea! To actually be paid one's opportunity cost or lost wages would actually make witnesses whole for their lost time.

Of course, it doesn't work that way. The statutory fee is some pittance ($6 per day, if I recall rightly) plus mileage at an unseemly low rate ($0.10 per mile, last time I looked). It is a thoroughly bad deal.

Oh, lest I forget, there is a statutory penalty for refusing to show up if the applicable fees and costs have been tendered -- $300.00, if memory serves -- so you are even worse off if you attempt disobedience.

An astute witness can usually motivate counsel to be brief in their examination by stressing the hardship imposed upon one by the loss of one's daily income, and grow more stressed and hostile to them as time passes, but best not to overplay this tactic.

Best wishes,

LDWG

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Answered on 9/06/01, 8:03 am


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