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Re: Depositions[Subject Prev][Subject Next][Thread Prev][Thread Next]
- To: seaint(--nospam--at)seaint.org
- Subject: Re: Depositions
- From: "Robert McGhie" <robert0(--nospam--at)mail.jps.net>
- Date: Wed, 12 Aug 1998 18:32:31 -0800
- Priority: normal
> > > Ricarev(--nospam--at)aol.com 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 > In the original post and as you quoted it states the he as subpoenaed as a "percipient witness." Therefore, the attorney is stating he was not subpoenaed " in order to obtain any expert opinion." As such, Cal Code of Civil Procedure section 2034(i)2C would not apply. I once had a forensic toxicologist cited for contempt when he refused to appear. While the judge did not fine him, he was ordered to appear for ordinary witness fess at a subsequent hearing. Of course, should the attorney ask for any expert opinion, he will owe the deponent's normal and reasonable fee for expert testimony. (I would think $250 to $300 per hour would be reasonable for expert structural engineering testimony) Robert McGhie, Esq.
- Re: Depositions
- From: Robert J Bossi, PE
- Re: Depositions
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