Question: You notice the deposition of a police officer and dutifully deposit fees to reimburse the city for the officer’s salary and expenses while attending as a witnesses under a Govt C §68097.1 subpoena. But it turns out that the deposition goes much longer than you had expected, and thus the public entity’s expenses were greater than your deposit. Can you, as the attorney for the litigant noticing the deposition, be held personally responsible to reimburse the public entity for the additional costs?
Answer: Yes, you could be personally on the hook. Under Govt C §68097.2(d), you or your client may be asked to pay additional sums if the public entity’s expenses in paying the subpoenaed officer were greater than your deposit. Maddox v City of Costa Mesa (2011) 193 CA4th 1098, 122 CR3d 629.
For everything you need to know about deposition subpoenas, check out CEB’s Action Guide Handling Subpoenas.
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