Can I refuse to cancel deposition if I am not paid my fee up front? 2 Answers as of October 29, 2015

I am a doctor and scheduled for a deposition with a defendant attorney. I'd like to find out if I have the right to cancel scheduled deposition if up front fee is not paid as agreed before proceeding or have the right not to show up if written fee agreements are not signed by the attorney before the scheduled deposition date? Thank you!

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Pius Joseph A Professional Law Corp. | Pius Joseph
It depends on the nature of the deposition. If you are a party to the action you have to show up. If you are a designated expert witness, you can demand your expert witness fee prior to the commencement of the deposition and your first hour of fee must be paid prior to commencement of the deposition. If you were my expert on behalf of a plaintiff I would negotiate to take the deposition at your office so that you do not have any down time. If are a retained expert you must contact the lawyer that retained you to sort out these issues for you.
Answer Applies to: California
Replied: 10/29/2015
Law Offices of George H. Shers | George H. Shers
I personally think that if a fee is not tendered when asked for, the Code section on witness fees is clear that you don't have to show up [you should demand it be in your Office so you do not have any travel time and can handle any urgent medical matters that occur]. However, when I made that argument in Santa Clara County superior Court, the judge said it is not clear, perhaps you just have to be paid at the end of the deposition. I always thought it was just standard practice as to the depositions of a physicians that you pay when you get a firm date; if you do not pay in advance, how friendly is the Dr. going to be when you start questioning him? I think you are safe in demanding to be paid up front and no attorney is going to file a motion to compel your deposition because you insist on being paid first.
Answer Applies to: California
Replied: 10/29/2015
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