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socrateaser, Lawyer
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I was served a subpena to appear for a deposition in a civil

Resolved Question:

I was served a subpena to appear for a deposition in a civil suit that I am not a participant in. I was not given any compensation to appear. (i.e. gas money or work compensation) Do I legally have to appear?
Submitted: 1 year ago.
Category: Legal
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:

In which court is the case pending from which the subpoena was issued?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.
Brown County Circuit Court, Family Court Branch. Case No. 12-FA-1124 It's in the state of Wisconsin. I hope that information helps.
Expert:  Tina replied 1 year ago.

I am going to opt out of your question and open this up for other professionals to get their opinion since I am not familiar with the rules of that particular court. You do not have to stay online for the question to be active, or rate this question yet as it would then discourage others from answering. Should a professional pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying a response from someone else.

My apologies for any inconvenience and Good Luck.

Expert:  socrateaser replied 1 year ago.

Hello,

Different contributor here. Please permit me to assist.

Under WI Stat. 885.06(1), Except when subpoenaed on behalf of the state, of a municipality in a forfeiture action, or of an indigent respondent in a paternity proceeding, no person is required to attend as a witness in any civil action, matter or proceeding unless witness fees are paid or tendered, in cash or by check, share draft or other draft, to the person for one day's attendance and for travel.

Case law shows that the tender of witness fees must be at least 5 days prior to the hearing, or the witness does not have to appear. First Nat. Bank of Elkhorn v. Wood, 26 Wis. 500 (1870).

Hope this helps.

socrateaser, Lawyer
Category: Legal
Satisfied Customers: 34680
Experience: Retired (mostly)
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