subpoena of dentist

[jyoung]

I had hoped to avoid this but don't think I can anymore;
as far as I know the bleaching of my (now) nine yr. old daughter's teeth has not yet stopped, every letter I've sent to the ex's atty. just gets ignored. My motion for contempt re. non-consultation on medical procedures has been set for hearing on the 30th.

the dentist told me that he advised against having the procedure done but the "stage" mom was persuasive and adamant to such a degree that he went along with it. He also told me that the youngest prior child he had done this
procedure on was 12. I had asked for him to put in writing what he told me, but obviously this guy has some issues now.

I'm pretty sure I have a slam dunk on its face here if it makes it to the commissioner or judge, but I want to be sure
so I'm hopeful the one of the regs here can provide the steps I need to follow in Fl. to try to get the good doctor on the witness stand.

[I AM ALWAYS LIABLE]

Hey Mr. Young, how's it hangin' ?

All you need to do is have the dentist served with a Subpoena Duces Tecum - - fancy Latin phrase for, "Get your butt into court with all of your records concerning my kid."

However, let me warn you of two things, the second much more important than the first:

1. You'll have to pay the statutory witness fees;

2. You may have waited too long to subpoena the dental records. For example, in California, we can subpoena someone with only 1 days' notice; however, when you also want records, we need to give a minimum of 20 days' notice. Check with your attorney on this point.

Good luck to you.

IAAL



[Edited by I AM ALWAYS LIABLE on 05-21-2001 at 12:44 AM]

[jyoung]

Thanks again IAAL, I don't think I'll need the actual records as I have the $350.00 invoice that states that my insurance company wouldn't pay for "bleaching and bleaching trays"... what's a statuatory witness getting paid these days and how do I apply for one of those jobs?

[I AM ALWAYS LIABLE]

My response:

Good morning, my friend. Well, they're not called "statutory witnesses" - - so, I just wanted to make sure you use the correct terms. They're called "Subpoenaed Witnesses". I don't know what the Florida requirements for "Statutory Witness Fee" payment is (perhaps LB will chime in here on this point), but in California, you wouldn't want to quit your day job. A subpoenaed witness in California gets paid $35.00 plus .20 per mile, both ways.

I would think that Florida has something concerning paying Witnesses among it's Statutes.

Well, I hope your receipt has enough information on it to "jog" the good doctor's memories. Perhaps, once you subpoena him, he'll bring his records with him anyway.

Let us know how it all turns out.

IAAL

[LegalBeagle]

I think it is $5 and 6 cents per mile.. and something like $10 an hour for an expert witness. You need to research Chapter 92 of the FLSS..

[url]http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0092/ch0092.htm[/url]

[jyoung]

Thanks gentlemen, I went to the courthouse, picked up the form, paid a dollar, had it notarized, drove 45 minutes to the dentists office, handed it to him, back to work now.
Don't have to pay witness fees as I'm not calling him an expert witness, just my daughter's dentist who made a judgement call and wishes he had done things differently.
I'll let you know how it goes.

(meanwhile, this child of mine just keeps making my life difficult, this morning she's in Orlando shooting a commercial for American Express with a guy named Eldrick Woods, maybe you've heard of him?) I'm happy that she's finding work in Florida and enjoying it.

[Edited by jyoung on 05-22-2001 at 04:24 PM]

[LegalBeagle]

He does not have to be an 'Expert' witness to get some money. All witness who are summoned are able to claim something.

[I AM ALWAYS LIABLE]

My response:

That's what I tried to tell Mr. Young, earlier. He needed to find out what the amount of the Statutory Witness Fees are to pay to the good Dentist. Perhaps, it works like California - - that is, you can pay at the time of service of the subpoena, or you can pay prior to actual testimony.

There are two levels of payment to a witness:

1. Pay them their Expert Witness Fee.

2. Or, if not called for the purpose of being an Expert Witness; rather to only ask the Dentist questions as a "percipient" witness to an occurrance, then such witness is entitled to Statutory "witness fees and mileage charges".

The only question remaining is the actual amount. I hope Mr. Young finds out the answer before trial. Otherwise, the Dentist can refuse to testify.

IAAL

[LegalBeagle]

He needs to read Chapter 92.. the answers are in there..

"but no person shall be compelled to attend court as a witness in any civil cause unless the party in whose behalf the person is summoned shall first pay the person the amount of compensation to which he or she would be entitled for mileage and per diem for 1 day, or the same is deposited with the executive officer of said court, and the person shall not be compelled to attend thereafter unless paid in advance. "

[I AM ALWAYS LIABLE]

My response:

Then, it looks like Mr. Young had better "hot foot it" back to the Dentist's office and pay those witness fees and mileage costs. Or, Mr. Young may find that the Dentist isn't in court on the day he needs the Dentist to testify.

Peddle to the metal, Mr. Young. And, make sure you figure the correct amount of fees and mileage costs. Mileage costs are measured from the place of service of the subpoena to the courthouse. Add a little bit more, just in case your figures are not accurate.

IAAL

[jyoung]

I'm on it guys, the intake clerk at family division told me that no fees were necessary. I'm checking it out.

[jyoung]

Hope everyone enjoyed the weekend....

As I received notice indicating opposing counsel requested and received a continuation on the hearing next week due to "family emergency" of lead counsel (6 days in advance, wish I could predict family emergencies like these guys can).

I promptly alerted my witness, the good Dr. Clorox, as I felt he might have already canceled his victim appts for next Wednesday.

Is it sufficient to let the witness know via phone that the hearing is postponed or is it required to do so in writing as well, and must I resubpoena for the new hearing date?

[Edited by jyoung on 05-28-2001 at 08:24 PM]

[jyoung]

.

[I AM ALWAYS LIABLE]

Originally posted by jyoung
Hope everyone enjoyed the weekend....

As I received notice indicating opposing counsel requested and received a continuation on the hearing next week due to "family emergency" of lead counsel (6 days in advance, wish I could predict family emergencies like these guys can).

I promptly alerted my witness, the good Dr. Clorox, as I felt he might have already canceled his victim appts for next Wednesday.

Is it sufficient to let the witness know via phone that the hearing is postponed or is it required to do so in writing as well, and must I resubpoena for the new hearing date?

[Edited by jyoung on 05-28-2001 at 08:24 PM]

My response:

Hello, again, Mr. Young. So, you caught me on the Boards - - alone, apparently. So, it looks like it's IAAL to the rescue once again.

Okay, phone calls are NEVER sufficient unless you're an "officer of the court" - - and even then, I always confirm agreements, changes, stipulations, etc. in writing - - just because I don't trust my opponents.

Anyway, write a letter or a fax; just as long as you have some sort of confirmation.

No, you don't need to Re-Subpoena your witness. Once Subpoenaed, a Subpoena is good until the witness actually appears in court - - whatever date that might be.

Good luck - - and remember to pay your witness his statutory fees AND mileage.

IAAL

[jyoung]

"Hello, again, Mr. Young. So, you caught me on the Boards - - alone, apparently."

Wow, IAAL, for a minute I thought you were Sean Connery, very 007 like....

thanks for the advice again, I did send the doc a check; I'll fax him tomorrow with the new date, I received the paperwork Saturday.

And I'll have one shaken, not stirred. Ciao