Subpoena Duces Tecum

Same thing happened to me a few weeks ago but it was relating to a construction job we did the staking on.?ÿ We notified our insurance and they got us an attorney to facilitate the information exchange and to provide?ÿassistance.?ÿ We have a preclaim budget in our PL policy so the attorney time didn't cost us anything.?ÿ He said the subpoena to produce is usually a fishing trip by?ÿthe party being sued trying to drag you (more importantly your insurance) into the suite to help share in the payout.?ÿ I would suggest contacting your insurance before you do anything.?ÿ Also, there's no one you can bill, it's all on your own dime unless you want to countersue for them wasting your time.

@dougie

ƒ??I was hand delivered a subpoena to produce documents for a survey I did several years ago. Can I be compensated for my time; who do I send the bill to?ƒ?

I would ask the Law firm that issued the subpoena about the financial fees you will incur, as well as a copy of the lawsuit your documents are associated with. If the lawsuit is something you may be included in then do as Cameron said and contact your E&O carrier and they will provide Legal Counsel.?ÿ ??ÿ

This happened to me about a year ago on a several yearsƒ?? old survey. ?ÿAlthough I had to testify. ?ÿI never did cash that $5.34 check I received for time and mileage. ?ÿMy attorney simply told me that the law firm who sent me the subpoena was within the law, but it was just bad form to refuse to agree to my terms for professional compensation. ?ÿGood luck. ?ÿLet us know how this goes for you.

I read some place that you present your self as a "hostile witness" and the judge may order you paid??????ÿ Interesting topic, I would like to hear more from others.?ÿ Jp

Ok, here ye go. Tell them that the "Field Plates" were disposed of. (Dispose of them where you can go get your field books, or whatever it is that you do, data collector files etc.) You do this, as a matter of course. BLM does it all the time.

Then, give them Inversed bearings and distances ALL around the subject parcel. And, any tie lines you have on the final plat.

This way, they can enter all these brgs and distances, and "Check" your work. Yes, it's meaningless, but, the attorneys need to "Justify some billable hours".

Is it straightforward? well, who cares? they are ATTORNEYS! and, they are looking for... anything to misunderstand, or cause you trouble.

Make sure you run the decimal places out to about 6 or more places. Keeps em busy.

I did not tell you this.

N

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Posted by: RADAR

I was hand delivered a subpoena to produce documents for a survey I did several years ago.

Can I be compensated for my time; who do I send the bill to?

I was asked to provide testimony as an expert witness, in another case, a few years ago. This is the first time I've been asked to provide just documents, so I'd like to get some feed back from people who are experienced in these matters.

TIA

dougie

The first thing to clarify is whether you are likely to be an expert witness (paid) in a case between other parties, a material witness (essentially unpaid), or are to be a party in the suit (you or your insurance pay big bucks).

A few years ago I was subpoenaed for my records and to answer questions at a deposition by the other side in a trespass case (retaining wall built WAY over the lot line - intentionally). I contacted my client, she gave me her attorney's telephone number. Talked to her attorney and he agreed I should be paid for my time, and he squared it with our client. Billed my client for the time spent on this, and she paid it without complaint.

I learned a lesson at the deposition - when the flaming a##hole abutter theatens to hurl a large rock at your field crew when staking the lot line, call the police, file a complaint, and get it into the public record. "Did you call the police? How do you know it was Mr. ___ who threatened to throw the rock?"

First question I have is; Does your state have a statute of limitations on how long you have to keep survey records?

If it is beyond that time frame do you have a duty to provide them?

Of all the images that you must give over to anyone, it is your priviledge to redact (mark over with a bold black marker) any information that you feel is your proprietary property and information(bearings, distances, found monuments, signatures, certifications and other information that you do not feel that you should share).

The only time anyone ask me to provide any information was when I was in the middle of my survey and all I sent was a text file of my raw data and a coordinate list that had been renumbered from what was on my worksheets.

I did not send them all the data I had found in public records or discovered during any previous work in the area.

When ask about where the rest of it was, I responded "that information is in my head and if wanted it would be necessary to pay me for my time at a deposition, which they decided to pay me for. It resulted in a confused court, confused and happy clients, extremely upset opposing attorney and the only persons that understood what I had to say were the other surveyors and the sitting Judge.

Radar,

I was subpoenaed for records earlier this year on a project I worked on.?ÿ First, before listening to everyone telling you what documents to send, I would contact your attorney.?ÿ Contempt of court is a real thing with real fines and possibly real time behind bars.?ÿ Not to mentions the repercussions with the board.

A $30 check accompanied my subpoena which my attorney said is standard.?ÿ The subpoena also said I could charge for copies so I attached an invoice for a couple of hours of my time.?ÿ Still no sign of a check but I'm going to wait until the case is resolved before I start harassing the opposing council.

Ten or so years ago I received an order to produce ALL records pertaining to a survey I had done a few years earlier. The lawsuit had nothing to do with my survey or any boundary issue. I called my attorney to find out what my obligations were. He said that I could charge for time and copies. I faxed the attorney that sent the order a contract for making the copies. They had a fit about the $60/hour contract amount. She stated that reasonable fees meant the hourly wage of the lowest paid employee qualified to make said copies. I replied that when litigation was involved, I was the only one I trusted to make those copies. They still wouldnƒ??t sign the contract and I wouldnƒ??t send the files. They ended up sending someone to my office to review and copy any pertinent documents. They were there about an hour and made no copies. The old saying about catching flies really is true.

I'm curious of the nature of the proceedings.?ÿ 99.9% of the?ÿ"bring all your stuff with you" subpoenas I have received have been for depositions.?ÿ

If that is the case their are at least two parties that disagree on something.?ÿ I've never been subpoenaed to a deposition where someone wasn't interested in how good my memories were.?ÿ One of the parties probably needs your testimony to prevail.?ÿ I would think that party might be interested in priming your memory with fees for your time and trouble.

In the unfortunate event both parties want a piece of your hide...you'd better take counsel along with you. ??ÿ

PS - Some DT subpoenas stipulate that "copies" of records are unacceptable and "original" records must be furnished...whatever that means.

Everyday we all run the risk of being served this type of subpoena and I think the suggestions here are mostly good ones. Personally, I budget time each year for this type of thing; its called overhead. If you are running your business on such a tight margin that you cannot take the time to support your work you should think about doing so.?ÿ

I suggest that you run the few copies that are required, contact your insurance company and attorney for advice and sally forth and enjoy the show.?ÿ

If this is a boundary issue and you properly filed a record of survey, your anxiety and list of things to copy is greatly reduced.?ÿ

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People that disagree with our decisions want to know if we actually can prove what we did or if we simply put a monument or boundary in place to satisfy someone's interests.

Do we "fake it till we can make it" or do we "diligently exhaust every possible and reasonable source to arrive at our conclusions"?

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