Texas civil court witness fee?

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Got subpoena to appear and provide documents relating to the purchase and value of an asset in a divorce case. What can I charge to collect documents and if I am declared an expert witness, do I get more than the Texas civil witness rate of 10 dollars a day?

Attorney Answer

1
Richard Mcgary ·
First and foremost, call the subpoenaing attorney and discuss this issue prior to trial. In many instances you are limited to $1.00 for producing records. Insofar as expert testimony is concerned, you are entitled to a reasonable fee. A reasonable fee can be anywhere from $25/hr to as much as $1000 per hr depending upon your expertise. This is something you need to work out with the subpoenaing attorney and get a written agreement with him. If the subpoenaing attorney will not enter into an agreement with you and refuses to pay you anexpert witness fee, then he can only elicit factual testimony. In other words, unless you are paid as an expert, he cannot elicit fair market value from you and you can respond you don't recall any comparable sales or other supporting facts which could provide a basis for fair market value. I know of no judge who will force a witness to provid expert testimony overhis or her objection without requiring the attorney to pay for the expert testimony. The general statute for document production is below. § 22.004. FEE FOR PRODUCTION OR CERTIFICATION OF DOCUMENTS. (a) A custodian of a record who receives a request for production or certification of a record under a subpoena, a request for production, or other instrument issued under the authority of a tribunal that compels production or certification of a record is entitled to $1 for production or certification of the record. If more than one record is produced or certified, the custodian of the records is entitled to only one fee under this section. (b) A custodian of a record who produces or certifies a record under Subsection (a), but who is not required to appear in court, is not entitled to a witness[0] fee[0] under Section 22.001. (c) The party who requests production or certification of a record shall pay the fee required for the record, as provided by this section, at the time the subpoena, request, or other instrument is served. (d) The fee required by this section must be taxed in the bill of costs as other costs. (e) The fee required by this section is in addition to any other fee imposed by law for the production or certification of a record. NOTE: THE FOREGOING DOES NOT CONSTITUTE LEGAL ADVISE OR THE CREATION OF AN ATTORNEY-CLIENT RELATIONSHIP BUT IS FOR PURPOSES OF LEGAL DISCUSSION ONLY.
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