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Re: Depositions

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Ricarev(--nospam--at) wrote:

I have been subpoenaed ,by the defendant,in a civil case as a precipient
witness <snip> Can we demand additional compensation?
You sure can, at least in California.  Cal Code of Civil Procedure 2034(i)2C provides, in part, that anyone wishing to depose an architect, PE or LS who was involved in the original design or survey (and I think this could include your investigation) in order to obtain any expert opinion must pay your "reasonable and customary" hourly or daily fee for the time taken for the deposition but not travel time and expenses.  Payment for the estimated time for the deposition must be presented before taking of the depo.

You should discuss this with your client's lawyer first but I would return the $45 check and inform the lawyer for the insurance company that you expect to be paid for your services otherwise you will show up as ordered but will not provide any technical testimony.

Been there,

Bob Bossi