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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
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.