The Witness Box

Commenting on expert evidence, economic damages, and interesting developments in injury, wrongful death, business torts, discrimination, and wage and hour lawsuits

Thursday, July 08, 2004

Who pays for expert depos in CA?

Expert Witness Depos in CA:

What are the CA rules for expert depositions, and who pays the bills, and when?

In a nutshell, the deposing attorney pays for the depo time. All depositions must be paid for in advance. If the attorney underestimates the time, they must remit the balance to you within 5 days of receiving your bill.

Sidenote: Some economic experts in CA will handwrite a bill for the balance and hand it to the attorney at the end of the depo to make sure that they get paid.

The expert's attorney pays for the travel time and expenses. The expert must be produced within 75 miles of the courthouse unless both parties mutually agree to meet elsewhere.

Click here for California Code of Civil Procedure, Section 2034 covering expert depositions.



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