Called as a witness in a lawsuit - what are the obligations?

[ZenBeam]

A patient of mine was on a drug which had confusion listed as a possible side effect. He was in a collision with a car with four occupants. Four days later, after consulting with their attorney, all four occupants ended up in the ED with neck pain, and all four sued my patient. Plaintiff’s attorney wanted me to give a dep stating that my patient was on the drug and it could have made him confused, rendering him the most likely person to have caused the accident. Attorney questioned me about my fee for testifying. $50/hr (this was a while back…).
Attorney comes out and gets my dep. Doesn’t like my testimony. I send him a bill for $100. Sends a letter back: Dear Dr Pedant, While I may have inquired as to your fees I did not agree to pay them. We will not be compensating you for your testimony. Regards, Shyster.

Can you dig it up, and report it to a credit agency? (Just thinking out loud.)

[Elendil_s_Heir]

The OP’s questions have been pretty well answered.

Obviously the witness will be under oath or affirmation, and must tell the truth. The witness may and should be compensated to cover any lost wages, and not incur any additional out-of-pocket expenses. The lawyer who intends to call the witness will, if she’s smart, ensure that the witness isn’t pissed off at her when he takes the witness stand. Sometimes opposing counsel will, on cross-examination, try to make it seem like the witness is a hired gun who’s only saying helpful things to the side which called him, and that he’s being wined and dined. The witness should politely make it clear that his testimony has not been swayed by having his expenses paid, or even because he’s receiving a reasonable fee (if an expert): “I’d say the same thing if I wasn’t getting a penny for being here, but would it be fair to ask me to pay through the nose to testify in a trial far from home when I was hardly even involved in the case to begin with?”

Someone asked about criminal cases. Depositions are rarely taken in criminal cases - in my experience, only when the witness is dying and his testimony would not otherwise be preserved, or when he’s about to move somewhere far away. Opposing counsel is given the opportunity to attend any deposition, and to ask questions under oath.

Chief Pedant, I’d report that guy to the bar disciplinary committee. That’s scummy practice.

[Boyo_Jim]

@Cliffy

…
At the end of the day, the court is entitled to every man’s evidence. So if you are subpoenaed, you cannot just ignore it. But at the same time, courts are very aware of the burden they place on witnesses, especially witnesses who are far away…

If this was a civil case in a different state, could the court compel you to testify?

Generally speaking, and of course without establishing a lawyer-client relationship…

[Really_Not_All_That_Bright]

@Boyo_Jim

If this was a civil case in a different state, could the court compel you to testify?

IANAL, etc.

The court can compel an out-of-state witness to testify but probably won’t if the witness will suffer undue hardship (ie., hourly worker, no paid time off, or no-one to watch the kids, or whatever).

Worst case, you can always take a deposition by telephone. A court reporter goes to the witnesses’ home or office and swears him in, and the attorneys appear via a conference call.

[Kimmy_Gibbler]

@Boyo_Jim

If this was a civil case in a different state, could the court compel you to testify?

Generally speaking, and of course without establishing a lawyer-client relationship…

@Really_Not_All_That_Bright

IANAL, etc.

The court can compel an out-of-state witness to testify but probably won’t if the witness will suffer undue hardship (ie., hourly worker, no paid time off, or no-one to watch the kids, or whatever).

Worst case, you can always take a deposition by telephone. A court reporter goes to the witnesses’ home or office and swears him in, and the attorneys appear via a conference call.

@Kimmy_Gibbler

Depositions of out-of-state witnesses can be had, with more or less procedural difficulty depending on the (witness’s) state. Formally, and in distinction to a trial subpoena, the deposition subpoena is issued under the authority of the witness’s state courts. Under the Federal Rules of Evidence, deposition testimony, when the opposing side had the opportunity and motive to cross examine the deponent, can be introduced under a hearsay exception when the deponent is not available to testify at trial. Being beyond the subpoena power of the trial court, as an out-of-state witness with less than minimal contacts with the forum state is, is considered unavailability.

Hyperlink added above.

[Oakminster]

@legalsnugs

Your SO is under no obligation to do anything unless he is subpoenaed, via an appropriately issued and served subpoena, to attend a deposition or trial or to produce documents or other stuff. He doesn’t even have to talk to anyone’s lawyer on the phone. If he is served an appropriately-issued subpoena, he must do what the subpoena says because it is an order of the court. All parties involved will/should have a lawyer at any deposition.

There’s also the option to file a motion to quash the subpoena, if there’s a reason to do so–like compliance being unduly burdensome. There’d then be a hearing on the motion before compliance was required.

[zamboniracer]

IAAL but not your’s etc:

Apologies, if this has been answered already, but even if served with a subpeana, it can be quashed on jurisdictional grounds too, possibly.

Example: Say the court hearing the case is the Cuyahoga County, Court of common pleas in Cleveland Ohio. The witness lives in Illinois and has never been to Ohio in his life and has not done any business with any party to the lawsuit in Ohio. The witness would probably have good grounds to quash the subpeana for lack of jurisdiction over him, an Ohio court not have jurisdiction over an Illinois witness.