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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Intellectual Property Law
Satisfied Customers: 114029
Experience:  Attorney practicing all aspects of copyright/trademark law
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Paulmo, I had a jury trial set. Opposing council even drove

Customer Question

Hi Paulmo,
I had a jury trial set. Opposing council even drove 2 1/2 hours to get here. It had been postponed, but no one from the courts informed us. I quickly called my witness. the policeman who wrote the report, and gave her a ticket for going through a stop sign. He showed up once for small claims, and I gave him $95 witness fee. The silly jduge dismissed the case before he even testified, I appealed to district court. I gave him another $95. But it was psotponed, and I let him know as soon as I knew. Now I have to subpoena him again. Another $45. but do I also have to pay another witness fee? another $95?
He claims that even though he did not have to show up, he had set aside that day, and therefore I have to pay yet again. but I suspect that if a trial gets postponed, he is not entitled to another fee. he claims it is not his fault that the courts did not give us notice. And I feel that it was not my fault that the courts messed up. I let him know as fast as I possibly could have. I will subpoena him again- must I pay another witness fee?
Kerry
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If there is a continuance, the court rules say you must pay $95 for the witness fee if they are subpoenaed or they do not have to appear. The court does not say that you do not have to pay again if you have to subpoena them again, the fee states per subpoena. See: https://www.metrocourt.state.nm.us/xnet/pdf/pamphlets/SH105.pdf. However, NM statute 39-6-4 says that the fee is due for attendance (see: http://law.justia.com/codes/new-mexico/2006/nmrc/jd_38-6-4-e461.html). Unfortunately, if you did not cancel him until the day of the trial, you will have to pay him to show up again.

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