I've been subpoenaed for a civil action, have ???'s

[bry@n 195]

So I was a witness to an accident a few years ago. I've recently been served to appear. Now I will lose a days pay to appear for the deposition and will have travel expenses.

 

who pays my parking and mileage?

who reimburses me for my lost wages?

 

Not looking to make $$ but not looking to lose out in the process either.

 

Thanks for the help.

[pjd832 146]

In my experience no one is responsible for covering those things.....unless the person you are testifying/ giving deposition for wishes to do so out of decency ....

[Kaiser7 33]

Pretty much no recourse. I was a witness to my math prof getting arrested for yelling at a cop who nearly ran him over. (Sidenote, he still failed me for precalc), 

 

Now, I was a witness for the professor and was subpoenaed, I ended up showing up four times, but the cop never showed up. I think they ended up settling the case, I'm not entirely sure, but I know I was out every single time. So you might be out of luck. Maybe civil action is different though.

[DeerSlayer 241]

Yeah basically you get nothing in return. But its your civic duty to appear. If you were in the victims shoes you would want the witness to show up also.

[Heavyopp 167]

You might be able to get the days pay and your travel expenses covered --  

 

Certainly worth contacting the insurance company or attorney and stating you have a real hard time losing a days pay -- Has your employment status changed since you where witness 2 years ago?

 

 

If you are the key to the case they should be happy to compensate you for your expenses --

[paulnj088 9]

 

[AnthonyG 36]

 

This is what I found.

 

" Will I Be Reimbursed for My Costs of Appearing to Testify?

If you are not one of the parties in the case, you should be reimbursed for your transportation costs and also receive an attendance fee for your appearance. In a civil case, the person serving the subpoena should give you cash or a check for these costs when you are served with the subpoena. In a criminal case, you will be paid after you travel to the designated place and testify as a witness. "

[Mikeythumbs 1]

I don't knew if it would work but you could see of maybe they would take a written deposition from you can't hurt to ask

[GRIZ 3,369]

You need to contact who sent you the subpeona and address these issues. Travel expenses including lodging if required and lost wages need to be brought up. Its been my experience if you don't bring it up to some attorneys you won't be paid. Many times they will pay a flat fee for all your expenses and will telll you this before you have to appear. Whatever it is have the attorney send you a letter regarding this compensation (so they don't forget). This is for civil cases.

 

You will be compensated for travel in criminal cases in Federal court if you receive the subpeona from the US Attorney's office. There is no mechanism to reimburse you for lost wages when you're being called to testify for the prosecution. Civic duty here. If you're called by the defense, its up to them how they handle it. If the defendant is indigent the US Attorney will pay travel expenses. The defense attorney should have worked this out with the US Attorney.

 

A deposition will still require you to be somewhere where attorneys from both sides can ask you questions, albeit at a more convienent time for you. Depositions are usually fishing expeditions to my experience. They are kind of trying the case out of court. They establish what you'd testify to and you most likely would still have to testify if the case goes to trial.

[bry@n 195]

I can understand civic duty and all but losing a days pay is just not an option.

 

They already have a statement from me regarding the case. This will be a big $$$ payout for sure. I brought this pay thing up to the lawyer when he called to give me a heads up on the subpoena. That was weeks ago.

[Howard 538]

What? They won't make you whole?  Memorize this. "I have no recollection of the events of that day"

[GJC88 0]

I had to testify once and had to drive two hours away to do so. Meanwhile my friend worked it so he could testify over the phone. Might be a viable option to just miss an hour rather than a whole day.

 

Sent from my LG G2 using tapatalk

 

 

[tommy3rd 132]

it's just a deposition. Tell the prosecutor it would be a financial burden if you go and that you will need to receive compensation if you appear. 

[PeteF 1,044]

Who at this deposition is not being paid to be there?

 

Thats right no one. TE+lost time or like Howard said

"I don't recall anything"

[plode 0]

Never again will I ever "witness" an accident.  I had insurance companies calling me for months.  I finally told them I have no recollection of any accident.  They left me alone after that. 

[djg0770 481]

Depositions can be taken ANYWHERE, including in your home.

[W2MC 1,699]

I got stuck as a witness for one....a caddy/jeep accident happened in front of me while I was stopped at a light, and I got subpoenaed....and subpoenaed....and subpoenaed....and...well, you get it.  The court date kept getting moved around.

 

Well, the day FINALLY came, I showed, and it turned-out that there were two or three others that were summoned, but never showed.  I was the ONLY one.  The judge thanked me for coming, and continued the case for some reason or other (I don't remember why) and then told the two they'd be MUCH better-off settling this BEFORE the case went forward.  I never heard from 'em again.

 

(Anyhow, while I never heard any more about it, I would have to agree - I think the older woman driving the caddy was trying to sue the young girl driving the Jeep.  From the short time I had to interact with them, I would have to agree...I'm not sure if the girl was 100% right or not, but the woman driving the caddy sure was a B....)

[Jersey Joe 4]

Ask if you can do it via Skype or other video conferencing.

[High Exposure 5,661]

What? They won't make you whole? Memorize this. "I have no recollection of the events of that day"

 

Who at this deposition is not being paid to be there?

Thats right no one. TE+lost time or like Howard said

"I don't recall anything"

While I understand the sentiment and don't completely disagree, I am saddened by those that put a price tag on their integrity.

 

Like it or not you are now involved. Absolutely fight for compensation and/or alternative methods that are less intrusive to your life, but don't lie if you are not compensated to your satisfaction.

 

At the end of the day, the money will be spent and all you have left is your word, your honor, and your reputation.

[GRIZ 3,369]

Is this subpeona for a deposition or a court appearance? Yes, depositions can be taken anywhere but do you want both attorneys and a stenographer in your living room? The attorneys want to do a deposition by their clock on their terms.

 

There is no prosecutor in a civil case. There is a plantiff (the one who was wronged) and a defendant (the one who supposedly did the wrong).

[vladtepes 1,060]

How many times will this happen in your lifetime? 4... 5... 6.. Maybe... I have been to court as a witness on several occasions... The thought of needing to be paid never crossed my mind...

[ryan_j 0]

My employer gives you paid time off if you're a witness, same with jury duty. Does your employer do the same?

[Howard 538]

While I understand the sentiment and don't completely disagree, I am saddened by those that put a price tag on their integrity.

 

Like it or not you are now involved. Absolutely fight for compensation and/or alternative methods that are less intrusive to your life, but don't lie if you are not compensated to your satisfaction.

 

At the end of the day, the money will be spent and all you have left is your word, your honor, and your reputation.

The price tag is on your time and your expenses, not your integrity.  The person suing or being sued wants your input to either collect money or prevent from having to pay money - they are doing it for the money.  Why should you give up your time and incur expenses so that they can collect money.  We are talking about fairness, you are effectively working for them and should be compensated. 

[vladtepes 1,060]

The price tag is on your time and your expenses, not your integrity.  The person suing or being sued wants your input to either collect money or prevent from having to pay money - they are doing it for the money.  Why should you give up your time and incur expenses so that they can collect money.  We are talking about fairness, you are effectively working for them and should be compensated.

 

Because you witnessed one individual wrong another... They didn't wrong you...

You are attesting to the fact that you saw this happen.. So that the legal system can award a payment to right the wrong... Something I would never expect to be paid for...

[Babyface Finster 45]

The price tag is on your time and your expenses, not your integrity.  The person suing or being sued wants your input to either collect money or prevent from having to pay money - they are doing it for the money.  Why should you give up your time and incur expenses so that they can collect money.  We are talking about fairness, you are effectively working for them and should be compensated. 

 

This is not the only scenario.  When I was a kid of maybe 19, some rich peckerhead drove his racing bicycle through a red light into my car.  He then sued me for 7 figures despite the fact that he had no permanent injuries and claimed to have no recollection of the accident.  I'll never forget when I found out his bicycle cost twice what my car did and he thought he was going to get a million bucks from my broke ass. 

 

Thankfully, several witnesses waited at the scene for the police to arrive and confirmed my version of events 100%.  I know that each of these people were inconvenienced by the process but they all participated as required.  I hope they were compensated by my insurance company, but I don't really know.  I do know that as much as I would have liked to, I was in no position to pay them and in fact it would probably have been viewed as witness tampering if I did.  I can't say how much it meant to me that these good people did what was right to prevent wrong from carrying the day. 

 

I have since been involved in two situations where I was a witness.  I happily participated because I wanted to make sure that right triumphed.  I would do it 100 times more.

 

Whatever you do, don't lie about having no recollection to avoid the inconvenience.  It's not always some greedy plaintiff with a frivolous lawsuit who needs you in his corner.  Yes, it sucks to incur a financial loss.  Sometimes doing the right thing comes with a cost.

[plode 0]

Whatever you do, don't lie about having no recollection to avoid the inconvenience.  It's not always some greedy plaintiff with a frivolous lawsuit who needs you in his corner.  Yes, it sucks to incur a financial loss.  Sometimes doing the right thing comes with a cost.

 

The police officer who took the original report at the scene asked me questions.  If he did not document my statements made to him, then that's his doing.  I should not be subjected to essentially what I'd consider harassment by insurance companies calling me 3 times a day, monday through friday, at all hours of the day, while I'm at work(or trying to sleep because at the time I was working nigh shifts) just for me to repeat the same exact statements I made to the officer at the scene.  If anything, he would have the best(and honest) statement as it was still fresh in my mind then.  A month or two later...I forget things. 

I literally received no less then 30 phone calls from 4 different insurance companies regarding the accident I witnessed(and it was very clear by the evidence at the scene who was the at fault driver). 

[High Exposure 5,661]

The price tag is on your time and your expenses, not your integrity. The person suing or being sued wants your input to either collect money or prevent from having to pay money - they are doing it for the money. Why should you give up your time and incur expenses so that they can collect money. We are talking about fairness, you are effectively working for them and should be compensated.

If you* purposefully decide to lie and state "I do not recollect" - when in fact you do - simply because you feel you are not being compensated "enough" or even at all - that is an integrity check. Your integrity and reputation is for sale and you word as testimony is now worthless.

 

You are making a conscious decision to be honest only when it benefits you. That is dishonorable.

 

ETA *this is the "'royal' you" so to speak. I am not saying Howard has done this, or will do this. My statement is only for the sake of discussion.

[GRIZ 3,369]

The police officer who took the original report at the scene asked me questions.  If he did not document my statements made to him, then that's his doing.  I should not be subjected.....A month or two later...I forget things. 

I literally received no less then 30 phone calls from 4 different insurance companies regarding the accident I witnessed(and it was very clear by the evidence at the scene who was the at fault driver).

 

plode, I agree you shouldn't be harassed. However, the police recording your statement is hearsay. There are other Amendments than the 2nd and the 6th guarantees a defendant the right to be confronted in court by witnesses against them and the right to obtain witnesses for their defense. As.far as forgetting what happened there is nothing wrong with you being provided a copy of the police report to refresh your memory.

 

You just can't buy part of the Constitution.

[Howard 538]

plode, I agree you shouldn't be harassed. However, the police recording your statement is hearsay. There are other Amendments than the 2nd and the 6th guarantees a defendant the right to be confronted in court by witnesses against them and the right to obtain witnesses for their defense. As.far as forgetting what happened there is nothing wrong with you being provided a copy of the police report to refresh your memory.

 

You just can't buy part of the Constitution.

Nah we have thrown the 6th out, you can now get speeding tickets and tickets for running red lights with your accuser being a camera and you have no right to cross examine a witness.  The constitution is only used any more to fold up and place under a table leg to stabilize it

[PeteF 1,044]

While I understand the sentiment and don't completely disagree, I am saddened by those that put a price tag on their integrity.

 

Like it or not you are now involved. Absolutely fight for compensation and/or alternative methods that are less intrusive to your life, but don't lie if you are not compensated to your satisfaction.

 

At the end of the day, the money will be spent and all you have left is your word, your honor, and your reputation.

 

 

Really? 

 

Judge:  Getting paid handsomely

Attorneys (Both sides):  Getting paid handsomely

Stenographer:  Yep getting Paid

You: Show up at your own expense and possible loss of pay for "Civic Duty" or "Integrity",  Not a chance.  Never once did I say Lie about what you observed but if someone is making a buck off of me they are going to make me whole, and pay for my Lost time and travel expenses, or they get bupkiss.

 

 

If you* purposefully decide to lie and state "I do not recollect" - when in fact you do - simply because you feel you are not being compensated "enough" or even at all - that is an integrity check. Your integrity and reputation is for sale and you word as testimony is now worthless.

 

You are making a conscious decision to be honest only when it benefits you. That is dishonorable.

 

1.  How so?  A doctor shows up at a malpractice hearing, is he compensated?  Forensic accountant? Paid?  LEO?  Paid?  Please tell me ANY profession that goes throught the time and effort to show up at a legal proceeding out of the goodness of their heart. 

 

2.  There is a big difference between testifying for the highest bidder and not taking a personal LOSS for showing up.

 

Question: If you are called to testify in a case you were involved in do you do it on your own time or on the clock?

 

I am not questioning your integrity or anyone else that shows up,  I just don't expect anyone else to make money at my expense.  That's why I DETEST the whole court system we have.  I pretty sure my employer thinks my time is more important than 5 dollars a day,  I am absolutely positive my mortgage company will have a problem if I can't make a payment because I missed work for 7 weeks on a trial.  But yet judges and lawyers have no problem treating people like dirt.

 

Show up at least 1/2 and hour early and wait till you are called.  Do whatever they say under penalty of contempt. 

There are 2 people that tell me what to do, my employer and my wife.  And if I find what my employer wants me to do to offensive I walk, and look for a new job not spend the night in jail.