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material fact witness vs. expert witness

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joseph17

Guest
What is the name of your state? nj

Can a material fact witness be paid any more than the court (small claims) allowed fees ($2/day plus double mileage at 25cents per mile)?

My subpoened witness (auto mechanic) has been complaining that his employer (an auto dealer)may not pay his salary while he is in court with me.

Is there any legal way I can pay him some of his lost wages without it being looked at as a bribe? If I pay him, can I add it to the legal costs?

He sat all day in court with me waiting for my case to be heard, but the judge didn't have time, and it will have to be re-scheduled. This dealer's mechanic found a mistake which an oil change company made. I've been told he is not an expert witness (which can be paid more), but rather a material fact witness.

I will have to subpoena him again when the case gets rescheduled, but I'm concerned that he may not come because he has a family to feed and I am taking his salary away from him.

thanks for any advice.
Joe/NJ
 


stephenk

Senior Member
When i have witnesses that miss time from work or have travel expenses, I pay them for their actual lost time and expenses.
That is not considered a bribe.

The witness fees described in statutes are the minimum amount owed to the witness. If you win your case, add the witness expenses you paid as part of your costs. The worst that can happen is the expense is not approved by the court.
 
J

joseph17

Guest
witness

thank you Stephenk. I didn' realize I could or should pay him more than the minimum, not because it is required legally, but rather for moral and practical reasons.

Joe/NJ
 

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