Subpoenaed to Testify

[Railfan]

What is the name of your state? Connecticut. I witnessed a motor vehicle accident about which I have been subpoenaed to testify by one of the lawyers. I understand my obligation and will perform it. My question is, who pays for my time away from work? Although my testimony should take one day at maximum, I do not get paid if I do not work. I also do not think that it is fair that I should be expected to use my limited sick/vacation time for this purpose. What is my recourse, if any?

 

[rmet4nzkx]

What is the name of your state? Connecticut. I witnessed a motor vehicle accident about which I have been subpoenaed to testify by one of the lawyers. I understand my obligation and will perform it. My question is, who pays for my time away from work? Although my testimony should take one day at maximum, I do not get paid if I do not work. I also do not think that it is fair that I should be expected to use my limited sick/vacation time for this purpose. What is my recourse, if any?

Have you contacted the attorney that subpoenaed you?

 

[Railfan]

Have you contacted the attorney that subpoenaed you?

I spoke with the person (legal secretary, paralegal?) who was listed on the subpoena as the contact person for the attorney. She seemed taken aback when I posed the question, but said that she would ask the attorney. Since I have never been in this situation, I'm attempting to get an understanding of what should happen before I speak with the attorney's office again. Thanks for posting.

 

[mja8575]

Does your employer know that you have been subpoenaed for court? If not, ask your employer what they do in that situation (whether or not they will pay you for your time off).

 

[Railfan]

Does your employer know that you have been subpoenaed for court? If not, ask your employer what they do in that situation (whether or not they will pay you for your time off).

I have already contacted my employer. Because the accident occurred after hours, the corporate policy is that I will not be compensated for my court time unless I take sick or vacation time. My view is that since I am testifying for the plaintiff, it would seem reasonable that they should be willing to pay compensation for my time. I am not attempting to make a profit, only to have my hours away from work paid. I need to preserve my paid time off because my wife is permanently disabled and I am the only driver for her and our two kids.

 

[LAWYER-002]

I have already contacted my employer. Because the accident occurred after hours, the corporate policy is that I will not be compensated for my court time unless I take sick or vacation time. My view is that since I am testifying for the plaintiff, it would seem reasonable that they should be willing to pay compensation for my time. I am not attempting to make a profit, only to have my hours away from work paid. I need to preserve my paid time off because my wife is permanently disabled and I am the only driver for her and our two kids.

My response:

Remember, it's not a matter of you doing this voluntarily to be a "good guy." There is a reason for issuing and serving a Subpoena, and that is to "compel" your appearance, subjecting you to "contempt of court" for your failure to appear. If it was just a matter of you being a "good guy," the attorney would have called you on the phone to ask you to voluntarily appear for a deposition or trial testimony.

So, whether or not you like it, or want to, or that you're being a "good guy," the fact is, you're going - - under pain and penalty of contempt (read the subpoena).

Now, as to your question: You're only entitled to statutory fees and mileage. Believe me, you're not going to get rich off those amounts. As a matter of fact, you're going to lose a lot of money; i.e., your regular day's pay. You may only discuss your statutory fee and mileage costs with the attorney, and when to expect payment; e.g., at or before the time of your appearance.

And no, the attorney WILL NOT reimburse you beyond the statutory guidelines. To do otherwise would be considered "witness tampering" and would run afoul of the Professional Rules of Conduct for attorneys.

IAAL

 

[rmet4nzkx]

I need to preserve my paid time off because my wife is permanently disabled and I am the only driver for her and our two kids.

Defending on the size of your company and some other factors, you may be entitled to FMLA for the times when you need to transport your wife etc, that is job insurance, not necessiarly paid time.

 

[Railfan]

My response:

Remember, it's not a matter of you doing this voluntarily to be a "good guy." There is a reason for issuing and serving a Subpoena, and that is to "compel" your appearance, subjecting you to "contempt of court" for your failure to appear. If it was just a matter of you being a "good guy," the attorney would have called you on the phone to ask you to voluntarily appear for a deposition or trial testimony.

So, whether or not you like it, or want to, or that you're being a "good guy," the fact is, you're going - - under pain and penalty of contempt (read the subpoena).

Now, as to your question: You're only entitled to statutory fees and mileage. Believe me, you're not going to get rich off those amounts. As a matter of fact, you're going to lose a lot of money; i.e., your regular day's pay. You may only discuss your statutory fee and mileage costs with the attorney, and when to expect payment; e.g., at or before the time of your appearance.

And no, the attorney WILL NOT reimburse you beyond the statutory guidelines. To do otherwise would be considered "witness tampering" and would run afoul of the Professional Rules of Conduct for attorneys.

IAAL

Thanks, that was the answer that I thought I would receive, but it clarifies some questions since I have never been in this posisiton. I have no issue with the process, and realize it is my obligation as a witness, compelled or not.