What should I do if the attorney never paid for my services at a deposition?
Full Question:
Answer:
Generally, witness fees are payable anytime a witness is required to appear at a deposition, trial or hearing. The witness is entitled to a flat rate per day, as well as mileage expenses. Rates vary depending on whether it is a case in state or federal court. There is no strict requirement for payment of a witness fee when serving a subpoena for records in federal cases; however many locations require a $15.00 fee. The fee must be paid at the time of service if the witness demands it. Otherwise it can be paid at the time of the appearance.
If a witness is owed a witness fee and fails to be paid such fee, a petition may be made to the court where the case is filed to compel the payment of the fees. Local rules regarding payment of witness fees vary. I suggest calling the local clerk of courts to inquire about payment of fees.
