Is my employer required to pay me for time off due to a subpoena?

UPDATED: Jul 27, 2011

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Is my employer required to pay me for time off due to a subpoena?

I live in MS and work in TN.

Asked on July 27, 2011 Mississippi


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have a summons to appear in court for jury duty as a possible juror, unless the employee handbook states you will be paid for attendance, your employer does not have to pay you for your time off work.

The same holds true for a subpoena to appear as a witness is a civil or criminal action. However, you employer is obligated by law to allow you to obey the summons for juty duty or the subpoena to attend trial.

The person serving you with the subpoena to attend trial as a witness most likely by statute has to pay you a witness fee (usually $35.00) as well as your mileage to court and back to home.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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