Who pays for my day off from work if I’m being subpoenaed to testify in court?

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Who pays for my day off from work if I’m being subpoenaed to testify in court?

Would it be like jury duty where my employer is required to pay for that day?

Asked on August 25, 2010 under Criminal Law, California

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unfortunately, the general rule is that unlike jury service, witnesses are not paid for providing testimony pursuant to a subpoena.  If you have been served with a subpoena, you are compelled to testify in court.  If you stand to lose some money by taking a day off of work, I suggest that you contact the party (lawyer) who subpoenaed you, and explain your situation.  Chances are, since that lawyer needs your favorable testimony, he or she will attempt to work around your schedule to accommodate you so that you are called to testify at the least inconvenient time.  No attorney wants to call a witness that he or she knows is already upset that they are missing out on work and money.  Therefore, in order to keep you happy, the lawyer will probably try to find a convenient time for you to testify if possible.


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