What is the name of your state (only U.S. law)? fl
I am suing a car company for not repairing a part that is stated as covered under the 10yr/100k mile warranty. The judge said I needed an Expert Witness. The attorney wanted to take the deposition of my expert witness. My mechanic who is ASE certified master mechanic that owns his own business. I sent them a letter stating that he charges $xxx.xx/hr & 4hr min. send me the check. They have in turn sent me expert witness interrogatories and request for production. They ask for reports. I am sure they want to negate him as an expert, but if he is ask to submit a resume and answer these questions that take time he wants to be paid. The questions I have are can I object because they want him to answer questions, so they should pay first. If I can ,would I send a notice to defendant and clerk? The statute seems somewhat vague for fees. Can they only request fees for depositions?\par
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(c) Fee. An expert or skilled witness whose deposition is taken shall be allowed a witness fee in such reasonable amount as the court may determine. The court shall also determine a reasonable time within which payment must be made, if the deponent and party cannot agree. All parties and the deponent shall be served with notice of any hearing to determine the fee. Any reasonable fee paid to an expert or skilled witness may be taxed as costs. \par\par}
I am suing a car company for not repairing a part that is stated as covered under the 10yr/100k mile warranty. The judge said I needed an Expert Witness. The attorney wanted to take the deposition of my expert witness. My mechanic who is ASE certified master mechanic that owns his own business. I sent them a letter stating that he charges $xxx.xx/hr & 4hr min. send me the check. They have in turn sent me expert witness interrogatories and request for production. They ask for reports. I am sure they want to negate him as an expert, but if he is ask to submit a resume and answer these questions that take time he wants to be paid. The questions I have are can I object because they want him to answer questions, so they should pay first. If I can ,would I send a notice to defendant and clerk? The statute seems somewhat vague for fees. Can they only request fees for depositions?\par
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1.390 Depositions of Expert Witnesses
\par(c) Fee. An expert or skilled witness whose deposition is taken shall be allowed a witness fee in such reasonable amount as the court may determine. The court shall also determine a reasonable time within which payment must be made, if the deponent and party cannot agree. All parties and the deponent shall be served with notice of any hearing to determine the fee. Any reasonable fee paid to an expert or skilled witness may be taxed as costs. \par\par}