Legal Question in Civil Litigation in New York

Testifying at a civil trial.

I am a retired NYS employee. I retired as Director of Health and Safety. In 1989, I was a safety professional but only ''second-in-command'' in the main office at my agency. As such, I was privy to a confined space accident at one of our facilities, involving a private contractor. While still employed (As Director) I was deposed by the Attourny General's Office and the Lawyer for the family of the person who died in the confined space. Now, I have been retired for three years and live upstate in the adirondacks. I have no car. My wife uses our only car for work and whatever is necessary. My question is this: Can they compel me to testify and, if so, can I submit a (reasonable) voucher for expenses and three days ''salary''?


Asked on 1/07/09, 12:01 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Testifying at a civil trial.

Theoretically a court may compel you to testify. However, I have never seen it done. The worst case scenario is that you are held in contempt of court and subject to fine.

You are better off contacting the attorney that issued the subpoena. Explain your problem concerning travel and cost. The attorney cannot pay you money for your testimony; however, he or she can pay your travel expenses including room and board.

Mike.

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Answered on 1/07/09, 1:42 pm


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