Who Pays Witness Fees in a Default Hearing?

Question from J, Who Pays Witness Fees in a Default Hearing?

Answer from AI:

In the United States, the responsibility for paying witness fees generally falls on the party who subpoenas the witness. This is a standard practice in civil litigation, and the rules can vary slightly depending on the jurisdiction and the specific court rules. Below is a general explanation of how witness fees are typically handled and what you might consider if you have been ordered to pay these fees.

Understanding Witness Fees

Witness fees are payments made to individuals who are subpoenaed to testify in court. These fees are intended to compensate witnesses for their time and any expenses incurred as a result of appearing in court.

General Rules for Witness Fees

1. Federal Rules: Under the Federal Rules of Civil Procedure, Rule 45(b)(1) states that serving a subpoena requires giving the person a copy of the subpoena and, if the person’s attendance is commanded, tendering the fees for one day’s attendance and the mileage allowed by law. This means the party issuing the subpoena is responsible for these costs.

2. State Rules: Most states have similar rules to the federal system. For example, in California, the Code of Civil Procedure Section 1987 requires the party issuing a subpoena to pay witness fees and mileage.

3. Local Court Rules: Some local courts may have additional rules or guidelines regarding witness fees. It’s important to check the specific rules of the court where your case is being heard.

Responsibility for Witness Fees in Default Hearings

In a default hearing, where one party fails to appear or respond, the court may still require the presence of witnesses to establish facts or damages. The responsibility for paying these fees typically remains with the party who called the witnesses, unless the court orders otherwise.

Steps to Take if Ordered to Pay Opposing Counsel’s Witness Fees

1. Review the Court Order: Carefully read the court order to understand the reasoning behind the decision. The court may have specific reasons for assigning these costs to you.

2. Consult Court Rules: Check the local court rules and any relevant state statutes to see if there are provisions that address the allocation of witness fees in default hearings.

3. Seek Legal Advice: If you believe the order is incorrect or unfair, it may be beneficial to consult with a legal professional. They can provide guidance on whether an appeal or motion for reconsideration is appropriate.

4. File a Motion: If advised by a lawyer, you might consider filing a motion to challenge the order. This could involve arguing that the standard practice is for each party to pay their own witness fees.

Resources and Further Reading

– [Federal Rules of Civil Procedure](https://www.law.cornell.edu/rules/frcp/rule_45) – Rule 45 regarding subpoenas.
– [California Code of Civil Procedure Section 1987](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1987.&lawCode=CCP) – Example of state rules on witness fees.

It’s important to note that legal situations can be complex, and the specifics of your case may require personalized legal advice. Consulting with a legal professional can help you understand your rights and obligations in your particular situation.