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legalgems, Lawyer
Category: Legal
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Experience:  Just Answer consultant at Self employed
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If witness compensation is not given at the time a subpoena

Customer Question

If witness compensation is not given at the time a subpoena is served, do I have to show to the deposition?
Submitted: 1 year ago.
Category: Legal
Expert:  legalgems replied 1 year ago.

The following statute does not require the tendering of fees with the delivery -

(d) Service – Tender of Fees and Mileage Not Required. A subpoena may be served by any peace officer or by any other person who is not a party and who is not less than 18 years of age. A subpoena may be served any place within the state.

Fees and mileage need not be tendered to the witness upon service of a subpoena.

The service of a subpoena shall be by reading the same or delivering a copy thereof to the person to be summoned. If the witness shall refuse to hear such subpoena read or to receive a copy thereof, the offer of the officer or other person to read the same or to deliver a copy thereof and such refusal shall be sufficient service of such subpoena.

(e) Return.

    • (1) Every officer to whom a subpoena is delivered for service shall make return thereof in writing as to the time, place, and manner of service of the subpoena, and shall sign the return.
    • (2) If a person other than an officer makes service of the subpoena, he or she shall make affidavit as to the time, place, and manner of service.

(f) Contempt. Any person who does not obey a subpoena without good cause shall be subject to contempt of court proceedings.

And the court does have the power to hold a party that willfully refuses to appear in contempt

That information is here

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 1 year ago.

hopefully this information was useful- hope all works out for you on this.