Work-Related Subpoena

[bokaba]

What is the name of your state (only U.S. law)? CA

I have received a subpoena to appear as a witness in a civil case arising out of my duties at work. I will have to take time off work to appear. Is my employer required to pay wages during the appearance as it is work-related?

 

[tranquility]

What is the name of your state (only U.S. law)? CA

I have received a subpoena to appear as a witness in a civil case arising out of my duties at work. I will have to take time off work to appear. Is my employer required to pay wages during the appearance as it is work-related?

It depends. What happened?

 

[bokaba]

I work for a real estate office as a notary. I notarized a document for a client in our office as part of my official duties. The client's husband is now claiming he was not present at the signing (even though he was). I have been subpoenaed as part of the client's case.

 

[tranquility]

I work for a real estate office as a notary. I notarized a document for a client in our office as part of my official duties. The client's husband is now claiming he was not present at the signing (even though he was). I have been subpoenaed as part of the client's case.

Since a notary does not answer to anyone, I'd say you would not be compensated. (Even if your employer demanded your job. He can't tell you your duty.)

 

[Willlyjo]

Since a notary does not answer to anyone, I'd say you would not be compensated. (Even if your employer demanded your job. He can't tell you your duty.)

The OP WOULD be compensated, but not by his employer. The OP would recieve witness fees either at the time he gets the subpoena (if he requests it) or when he appears as a witness.

 

[bokaba]

So, I should request witness fees from the plaintiff's attorney?

 

[latigo]

What is the name of your state (only U.S. law)? CA

I have received a subpoena to appear as a witness in a civil case arising out of my duties at work. I will have to take time off work to appear. Is my employer required to pay wages during the appearance as it is work-related?

You are concerned about being compensated when it is anticipated that someone will testify under oath that you knowingly falsified a jurat, which offense, under California law is punishable as a felony and now carries a fine of up to $10,000?! Not to mentions several other penal violations.

I suggest that you visit the following web site and read the California Secretary of State’s News Letter (Notary News) about 2008 legislation establishing that $10K fine.

Afterwards I expect that you will re-evaluate your priorities and show up in court - not only because directed by law - but to defend against this most serious assault upon your veracity - with or without a few extra dollars in your precious purse!!

www.sos.ca.gov/business/notary/forms/notary_newsletter_2008.pdf · PDF file

 

[swalsh411]

Latigo, OP is not the one on trial here.

 

[tranquility]

Latigo, OP is not the one on trial here.

Sure she is. If the court were to find the person was not there the judge would turn it over to the state for action.

As to Willyjo, witness fees are not going to compensate the OP for a day off work.

 

[You Are Guilty]

Has the plaintiff only claimed you falsified the notary (stamp? seal? What does CA use?) in the pleadings for the lawsuit, or have they made those claims elsewhere (even verbally to others)?

 

[xylene]

Latigo, OP is not the one on trial here.

I too agree with latigo.

Further - the OP should speak to his own lawyer to see if he needs his own counsel before testifying.

OP - Who exactly is suing whom and who subpoenaed you?

 

[tranquility]

Has the plaintiff only claimed you falsified the notary (stamp? seal? What does CA use?) in the pleadings for the lawsuit, or have they made those claims elsewhere (even verbally to others)?

Ink stamp.

Also, I agree with xylene. The OP may want to retain council. His insurance may cover it.

 

[swalsh411]

What I meant was that the OP is not on trial now. It goes without saying that they shouldn't give testimony which would incriminate them. The fifth amendment exists for a reason.

 

[quincy]

You are concerned about being compensated when it is anticipated that someone will testify under oath that you knowingly falsified a jurat, which offense, under California law is punishable as a felony and now carries a fine of up to $10,000?! Not to mentions several other penal violations.

I suggest that you visit the following web site and read the California Secretary of State’s News Letter (Notary News) about 2008 legislation establishing that $10K fine.

Afterwards I expect that you will re-evaluate your priorities and show up in court - not only because directed by law - but to defend against this most serious assault upon your veracity - with or without a few extra dollars in your precious purse!!

www.sos.ca.gov/business/notary/forms/notary_newsletter_2008.pdf · PDF file

I think there may be some reading-between-the-lines here. In fact, based on the response quoted above, it appears there was a whole novel to be read between the lines.

Without more facts from bokaba, it is hard to tell whether this novel of latigo's post is one of fiction or non-fiction.

That said, those who advised that bokaba speak with an attorney prior to testifying provided good advice.

 

[menchari]

To subpeona witnesses is a common tactic that is used in lawsuits. I do have some experience in this due to my having been employed at a CPA firm, though in those cases it is the client that pays the CPA(s) the transportation, lodging, and time. and it is rare that the CPA actualy goes to court. It is meant to make things more expensive and force an out of court settlement.
If it is your employer that is being sued and notarizing is something you normaly do for your duties I believe your employer would have to pay you for the time and travel expence (parking, milleage etc). On the other hand why hasn't the lawyer filed an objection for a frivilous motion which is exactly what the subpeona is.