California Surveyors Forums

I want to share a situation I find myself in that’s frustrating, time consuming and expensive. I have been summoned to appear as a “witnessâ€￾ (not an expert witness) in a civil lawsuit involving one property owner suing five of her neighbors over an easement. I was retained by the plaintiff (who is acting as her own attorney) in 2002 and again in 2008 to locate the 40 foot common driveway access easement through the five defendants’ properties that is the access to the plaintiff’s property. The plaintiff is claiming she has the right remove landscape and other improvements placed by the defendants to widen the common paved driveway within the easement as she deems necessary.

I have been subpoenaed twice to appear in court for the plaintiff and produce my files related to my survey. The first time in June of last year and again in July this year. The case has been continued both times. So far I have expended approximately $1,500 in direct cost of making copies of my files and time lost preparing for the case and showing up at court at the appointed time and date. As I understand the law I’m entitled to $35.00 per day witness fees, big whoop, plus $0.20 per mile, bigger whoop, portal to portal paid in advance. The plaintiff has not responded to my demands for witness fees, mileage fees and out of pocket cost for copying my files.

At my last court appearance I requested the judge either release me of my witness obligations or direct the plaintiff pay me for witness fees and copying expenses. The judge politely explained that he wasn’t able to consider my request because it was a different civil matter between the plaintiff and me.

Has anyone had a similar experience? The case has been continued until November and I would like to find a way get out of appearing as a witness for this !@#* person.

The judge politely explained that he wasn’t able to consider my request because it was a different civil matter between the plaintiff and me.

The only way you can get out of appearing is if you are released by the one who subpoenaed you in the first place.

I have not been in your situation and I feel your pain. The only advice I can give you is just to cooperate with the court. Don't try and avoid questions based upon it being one that requires an expert opinion and just hope that the case comes to a conclusion at the next hearing.

I was called as a witness 3 times before I was called to testify and the lawyer who summoned me never paid me.
All you can do is sue them in small claims court.
And it sucks that the law is such that the judge can't make her pay since it is his case.

And they wonder why people in this country don't want to be witnesses. In other countries the courts pay and they collect from the person who summoned you.

brian smith wrote:I made the attorney sign my contract, in court, as he was calling me
to sit and testify.

It took him 6 months to pay even though he won the case. ^*$@#

Bri

That's if you are called as a expert witness.

Actually, since MFORD is producing his professional surveyor business records I would send her a expert witness bill. And if she doesn't pay sue her.
Over 15 years ago I was involved with a construction defect firm and they said my expert witness fee should be $350/hr. I was never called.

Thanks all for the responses and advice. Hopefully this case will settle and not go to trial.

For those who may find themselves in a similar situation, review the rules of evidence. The person issuing the subpoena is obligated to pay the witness fees and the cost of coping records before the records can be used in court. BTW, you don’t have to submit your “original” business records to the court. You have to make them available for copying. Small victory but in my case it’s about the only leverage I have. As LS4722 said, tough it out. If the court doesn’t cooperate you are on your own.