Q: I wrote a custody eval as a mediator employed in family court. Shortly after I resigned I was subpoened to testify. Am I
entitled to expert witness fees and if so, how do I collect?
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- California
- (916) 704-3009
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- Answered
A:
As a mediator employed in family court, if you were subpoenaed to testify as a custody evaluator, you may be entitled to expert witness fees under California law. California Code of Civil Procedure Section 2034.260 provides that expert witnesses are entitled to reasonable compensation for their time and expenses incurred in connection with their participation in a legal proceeding.
To collect expert witness fees, you should submit a request for compensation to the party who subpoenaed you to testify. The request should include a detailed invoice of your services and expenses, including your hourly rate, the number of hours spent on the case, and any other expenses incurred, such as travel expenses or document preparation fees.
If the party who subpoenaed you refuses to pay or disputes the amount of compensation requested, you may need to seek a court order for payment. You should consult with a local attorney who specializes in family law to understand your legal rights and options for collecting expert witness fees.
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