Fact Witness Compensation Agreement

On the basis of this opinion, factual witnesses in state court proceedings can and must demand reimbursement of the wages and expenses they incur for preparation and participation in deposits. For more information, see Cremeens v. Cremeens, nr. M2014-001186-COA-R3-CV (Tenn. Ct. App., July 24, 2015). The Court of Appeal found that paying a fee to a witness does not necessarily make the witness an expert. Instead, the court found that the court duly considered the purpose of the testimony to establish that the witness was a factual witness or an expert witness. The Court of Appeal accepted that in that case the witness was a factual witness. On the issue of the payment of fact-taking witnesses, the court stated that it was not inappropriate to pay a witness at his professional price for the time lost. The court found that federal courts generally decide that a factual witness can be reimbursed for the costs incurred and compensation lost by the litigation.

In addition, the court upheld that the American Bar Association Ethics Opinion No. 96-402 indicates that it is appropriate for parties to pay factual witnesses for their loss of hourly wages or professional expenses. Thus, the Court of Appeal found that it was not inappropriate to pay witnesses in the state of Tennessee. Cremeens is a case after divorce. The question was whether a witness paid by the husband was an expert witness or a factual witness. If the witness were a factual witness, his testimony could be used as evidence at trial because he lived in another state; As a result, the witness was “unavailable.” If the witness was an expert witness, the evidence could not be used as evidence at trial. In support of the woman`s position that the witness was an expert witness, the woman stated that her lawyer had paid the witness for participating in her dismissal. Expert witnesses are designated with weapons. Therefore, they can and do make the payment for their time spent preparing and participating in their deposit.

But can a witness be paid? In Cremeens v. Cremeens, the Tennessee Court of Appeals said, “Yes! Keith C. Dennen focuses on health law, intellectual property law, estate and estate, labour law, corporate and transaction law, and litigation.