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gingerrogers77 · Mar 9, 2009, 10:43 AM

If a witness is subpenaed to testify in Orange County, Florida, given the distance to the traveled area would be 2.5 hours without traffic:

A. Does the person get paid for the work day?
B. Does the person get paid for the travel expenses?
C. Does the person get paid for the appearance?
D. What other routes/methods can be taken to avoid the travel time involved?
E. Are there any consequences if the witness cannot appear?

Thanks so much for your time!

God Bless :)

ScottGem · Mar 9, 2009, 10:47 AM

A-C: No
D: See if the attorneys will agree to take your deposition closer to home and, at a more convenient time.
E: A contempt of court citation.

twinkiedooter · Mar 9, 2009, 09:13 PM

A. No. Not unless you are an expert.
B. You should have been given a check along with the Subpoena for travel expenses. You can call up the attorney's office and tell them they forgot the check for travel expenses. It's usually so much per mile.
C. No. Not unless you are an expert.
D. If this is for a Court appearance for some kind of trial, there are no other remedies other than show up in person.
E. Contempt of Court.

ScottGem · Mar 10, 2009, 07:16 AM

Originally Posted by twinkiedooter

B. You should have been given a check along with the Subpoena for travel expenses. You can call up the attorney's office and tell them they forgot the check for travel expenses. It's usually so much per mile.

Can you back that up? I don't recall any requirement that witnesses (other than experts) be offerred any compensation for their time or travel. It may be a local requirement, but certainly not universal.

Originally Posted by twinkiedooter

D. If this is for a Court appearance for some kind of trial, there are no other remedies other than show up in person.

It is certainly possible for a deposition to be taken locally and stipulated to at trial.

twinkiedooter · Mar 10, 2009, 05:40 PM

In Florida and Ohio a witness is given a check from the attorney for travel expenses to show up at a trial and testify. I used to attach the travel checks to the subpoenas all the time. OP did say it was Orange County, Florida.

For depositions there was no travel check attached to the Deposition Subpoena.

Fr_Chuck · Mar 10, 2009, 06:44 PM

Also did we ask what type of court trial. Criminal or civil??

If criminal, are they are witness for the DA or the Defense.

JudyKayTee · Mar 10, 2009, 06:48 PM

Originally Posted by twinkiedooter

In Florida and Ohio a witness is given a check from the attorney for travel expenses to show up at a trial and testify. I used to attach the travel checks to the subpoenas all the time. OP did say it was Orange County, Florida.

For depositions there was no travel check attached to the Deposition Subpoena.

Same in NY - a certain amount per mile, round trip, on witness Subpoenas. No check, no need to appear. I don't know about Florida.

ScottGem · Mar 10, 2009, 07:07 PM

Originally Posted by twinkiedooter

In Florida and Ohio a witness is given a check from the attorney for travel expenses to show up at a trial and testify. I used to attach the travel checks to the subpoenas all the time. OP did say it was Orange County, Florida.

Originally Posted by JudyKayTee

Same in NY - a certain amount per mile, round trip, on witness Subpoenas. No check, no need to appear. I don't know about Florida.

Hmm, I wasn't aware that subpeoned witnesses had to be compensated. Is this in both criminal and civil cases?

JudyKayTee · Mar 11, 2009, 05:50 AM

Originally Posted by ScottGem

Hmm, I wasn't aware that subpeoned witnesses had to be compensated. is this in both criminal and civil cases?

I don't serve papers on criminal cases so that I can't answer. In civil cases, yes (in NY). The mileage check is on an Attorney's account (so it's considered guaranteed funds) for X cents a mile, round trip, residence to Courthouse - or Attorney's office. No check, no need to appear.

On a few occasions I've seen a check for photocopy charges also attached. I think that's out of the goodness of the Attorney's heart or else pre arranged.

If the appearance is cancelled, the person subpoenaed gets to keep the money. Of course, it's pennies and hardly worthwhile.

The exception is expert witnesses who get exactly zip but do get paid a legal expert fee.

This doesn't answer OP's question about Florida, of course, because things vary State by State but that's how it works.

ScottGem · Mar 11, 2009, 08:11 AM

Well Twinkie said it applies to FL so I won't argue. I guess my knowledge was based on criminal cases, so there may be a difference between civil and criminal in this practice.

gingerrogers77 · Mar 17, 2009, 09:51 AM

Thanks so much for all your responses! We called March 16, 2009 and the Defendant took a plea and no trial was needed! :)

JudyKayTee · Mar 17, 2009, 09:56 AM

Originally Posted by gingerrogers77

Thanks so much for all your responses! We called March 16, 2009 and the Defendant took a plea and no trial was needed! :)

Thanks for coming back and letting us know - always good to hear how things work out!