Legal Question in Civil Litigation in New Jersey

pay witness lost salary?

Is a witness entitled to be reimbursed for lost salary his employer does not pay, because the witness has to miss work and appear in court(small claims) after being served a subpoena? Or does the witness have a civil duty/obligation to appear, with the only compensation of $2/day witness fee plus mileage?

I've been told I don't have to pay the witness a fee because he is not considered an ''expert witness'', but rather a ''material-fact witness''. Still, he is fiercely complaining I should pay him his lost salary because he has a family to feed and I am taking it away from him by subpoena-ing him to court.

thanks

Joe/Burlington County/NJ


Asked on 8/03/02, 5:06 pm

1 Answer from Attorneys
Scott Diamond DIAMONDLAWYER

Re: pay witness lost salary?

The rules provide the fee allowed. If you want to make a special deal you can. However, that will be subject to cross examination by the other side as to bias.

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Answered on 8/05/02, 1:39 pm


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