1) What is a deposition?
A deposition is taking a witness' testimony outside of court. At a deposition, the witness is sworn in, and answers questions under penalty of perjury. A court reporter is hired to transcribe the testimony. The witness might also be audio or video recorded. Deposition testimony can be introduced as evidence at trial.
2) Do I have to attend/comply with this Subpoena?
Yes – it is a court order to appear and testify in a deposition or at trial. Although there may be flexibility to re-schedule deposition testimony, trial testimony usually has less flexibility to re-schedule.
3) Is it common to be Subpoenaed to testify at trial with such short notice?
Unfortunately, yes. Although subpoenas should be issued at least 2 weeks in advance, sometimes there is very short notice and no ability to change the date for trials/hearings. You may contact the attorney who issued the Subpoena and ask if they believe the trial will proceed, as well as let them know if there are certain days/times within the scheduled trial days that work better for you to testify.
4) Should I provide medical records to the attorney who has issued the deposition?
No, you are not the custodian of records for UCSF Health. Ask the attorney who issued the deposition or trial Subpoena to provide you with the medical records during your testimony.
5) Can I get paid for my testimony?
Yes. For deposition testimony, you can get paid your hourly rate (provided you let the noticing attorney know your rate in advance and give them a W9). For trial testimony, in a civil matter, you can also be paid your hourly rate. For a criminal hearing or trial, you can get paid the court’s designated rate for witnesses as well as travel expenses
6) What should I charge for my hourly rate?
You may charge any rate you would like for deposition testimony. However, we recommend you contact your department or colleagues in your department and ask what their charge rates are for depositions to get an idea.
7) Do I need to fill out a W9 to get paid?
Yes, in order to get paid by the attorney noticing your deposition you will need to fill out a W9 and provide that, along with your fee schedule, to the noticing attorney office prior to your deposition.
8) How do I ensure I get paid?
Provide the noticing attorney with an invoice following your deposition or appearance at trial along with your W9 form. Some attorneys may bring a check to your deposition and pay you at the conclusion for time spent.
9) UCSF Testimony Guidelines
The UCSF Testimony Guidelines are confidential and privileged. Please do not share this document with non-UCSF employees. Please click here, to access it in Box.
For subpoenas, legal documents and/or requests questions, please call us at (415) 353-1842 opt 3, or email us at [email protected]. Our office hours are Monday through Friday, 7:30am to 5:00pm PST.