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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102597
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I was an accident investigator for a law firm. I left the

Customer Question

I was an accident investigator for a law firm. I left the firm not on good terms. I was subpoenaed for a civil PI case I took photos on. This is allegheny county pa. Questions, can I request to be paid? Do I have to show if I feel I can not be favorable due to bad blood? Is there anyway to not appear?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. On this website, I do not always get to give good news, and this is one of these times.

can I request to be paid?

Yes, but a meager amount. Per § 5903, the amount a witness can demand is $20 per day, "7¢ for each mile circular actually and necessarily travelled between the place named in the subpoena and the place of residence of the witness," and "when a matter is prolonged from one day to the next a witness necessarily present on both days who resides more than 50 miles by the usually-travelled route from the place named in the subpoena and who remains there overnight shall be paid commutation of lodging and subsistence for each such night in an additional amount equal to the per diem witness fee"

Do I have to show if I feel I can not be favorable due to bad blood?

Yes. A subpoena is mandatory - it is enforceable.

Is there anyway to not appear?

A subpoena may be quashed on the following grounds: privileged information, request is too vague, inadequate time to respond, or burdensome travel. However, the reasons have to be real, and proven - and one has to file a motion to quash and have it heard to have the Court possibly agree. Otherwise, one has to show.

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