Q: Re CA Code GOV 68093, if the fee and mileage is requested pre-trial and not paid, does the witness still have to appear?
The request for the witness fee and mileage was requested in writing, via email to the subpoenaing attorney, a week prior to the civil trial date. An acknowledgement from the attorney's office receiving the request was received but no further response has been provided. if the fee and mileage is not paid by the trial date, does the witness still need to testify at the hearing?
A:
Under California Government Code Section 68093, when a witness is subpoenaed for a civil case, they are entitled to a witness fee and mileage. If you have requested these fees in advance and have not received them, you are still obligated to appear in court as directed by the subpoena.
The failure to pay the witness fee and mileage does not automatically invalidate the subpoena or excuse you from testifying. However, you may bring this issue to the attention of the court, explaining that you complied with the requirements by requesting the fees in advance and that the fees were not provided. The court may then address this issue with the attorney who issued the subpoena.
It's important to attend the court as failing to do so can lead to contempt of court charges. You should consider consulting with an attorney for specific guidance on how to proceed, especially if the non-payment of fees imposes significant hardship on you. They can provide advice on the best course of action and represent your interests in the matter.
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