DID YOU KNOW BY FAMILY LAW ATTORNEY F.M. ZAVALA

WITNESS FEES FOR LAW ENFORCEMENT OFFICERS TESTIFYING IN FAMILY LAW DOEMSTIC VIOLENCE CASES IN RESPONSE TO A SUBPOENA

Under Government Code section 68097.2, any peace officer, any firefighter, any state employee, any trial court employee, or any county employee who is obliged by a subpoena to attend as a witness, shall receive the salary to which he is normally entitled from the public entity by which he is employed.

The party at whose request the subpoena is issued shall reimburse the public entity for the full cost to the public entity incurred in paying the peace officer, firefighter, state employee, trial court employee, or county employee.

The amount of two hundred seventy-five dollars ($275), together with the subpoena, shall be tendered to the person accepting the subpoena for each day that the peace officer, firefighter, state employee, trial court employee, or specified county employee is required to remain in attendance pursuant to the subpoena.

If the actual expenses should later prove to be more than the amount deposited, the difference shall be paid to the public entity by the party at whose request the subpoena is issued.

If a court continues a proceeding on its own motion, no additional witness fee shall be required prior to the issuance of a subpoena or the making of an order directing the peace officer, firefighter, state employee, or trial court employee to appear on the date to which the proceeding is continued.