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Been There Done That?---Subpoenas

bragawbragaw 36 Posts
in HR & Employment Law Vote Up0Vote Down
A question to the forum.

Our company is involved in a civil proceeding which will require the deposition of a former employee. The other side has requested his deposition. The former employee's testimony is favorable to our company and he has agreed to the company attorney being at the depostion to represent the company's interest. The former employee asked whether our company would reimburse him for his time away from his current employee. At his present job he is a salaried, executive level employee.

A subpoena has not been issued by the other side--his deposition is being requested by the other attorney through our company attorney.

What is the typical policy/procedure for this type of occurrence?


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Comments

  • 6 Comments sorted by Votes Date Added
  • BalloonmanBalloonman 972 Posts
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    Had that happen to me, I required the attorney who supoenad me to pay for my wages, hotel, and milage. I lived in KC area, had to go to Oklahoma City, and said sure, but hotel would be Thursday night through Saturday night. Actually as I am typing this I was requested for deposition, was not supoenad, but after the deposition they gave me a supoena, and also have to hand me a check for milage.......they ended up settling, never had to go a second time.
    My $0.02 worth.
    DJ The Balloonman
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  • PorkPork 1,271 Posts
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    Your attorney should work with the other attorney to compensate the x
    ee, as requested. If the information is in fact good for your attorney's case he should make sure the x-ee gets compensated, accordingly. Favorable testimony of value could be considered a consulting fee and your company could pay, if what the x-ee has to say ads value to your case!

    PORK
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  • ShadowfaxShadowfax 910 Posts
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    Typically, we would make the other side subpoena the former emp/ee, since you are not in control of him anymore. The he would be paid witness fees as any other witness. I would not want to pay him for fear it would impact his credibility. H'e the best kind of witness: no longer beholdiing to co, so presumably will testify truthfully. If you end up paying him, there will be suggestion he's being paid to give favorable testimony.
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  • bragawbragaw 36 Posts
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    Thank you. One further question raised in your answer, what do witness fees consist of?
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  • ShadowfaxShadowfax 910 Posts
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    Not much! Usually a statutory daily or half-day amount, probably never more than $50 a day, and that would be way high for most states.
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  • BalloonmanBalloonman 972 Posts
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    Hmmmm $50 a day, I worked as an expert witness last year........... charge $100.00 per hour. I would not go to a deposition for either side for $50.00. I would expect salary and travel expense.
    My $0.02 worth.
    DJ The Balloonman
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