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The Parameters and Pitfalls of Payments to Fact Witnesses - Litigation News

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Litigation News

Posted on: Dec 22, 2016

Trial lawyers of a certain age were taught in law school that it is unethical to pay a fact witness more than the statutory fees for attendance at trial and coverage of travel expenses. Most jurisdictions, however, permit some form of fact witness compensation. Since payment rules vary from state to state, lawyers should closely examine the law of the subject jurisdiction. If, after considering the applicable rules, you decide to compensate the non-expert witness, make it clear that you are paying for time, not for testimony.

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