Legal Question in Civil Litigation in New York
subpoena duces tecum
if I serve an attorney with a subpoena duces tecum, or I wish to depose him, do I legally have to reimburse him for his time? If not, can he refuse unless he receives compensation?
Asked on 4/24/08, 2:37 pm
1 Answer from Attorneys
Mark S. Moroknek
Kelly & Curtis, PLLC.
Re: subpoena duces tecum
he can refuse if you don't pay him the mileage and statutory fee. You do not have to pay him to testify unless you are employing him as an expert. He can refuse on the ground of privilege, or he can move to quash, but payment is not a ground.
Answered on 4/24/08, 2:45 pm
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