The purpose of this letter is to memorialize that on June 7 after completion of my 4.5 hour deposition you refused to pay my fees for the deposition and you did not then and have not since then paid the total fees due of $1800.I am sending this reply:
You noticed my deposition with a Deposition Subpoena dated May 18. I accepted the subpoena on May 20. We agreed to set the time for June 6 to start at 12:30 p.m. and to end at 5:00 p.m. (or possibly later if you needed more time) I told you I would wait until the end of the deposition to receive your payment. I addressed all of this and the fees that would be required that day in my June 2 e-mail. I showed you the courtesy of not requiring that you pay me before the deposition commenced. In my June 2 e-mail I specifically stated my policy regarding fees for the deposition appearance and how I charge for travel. You did not question my policy either in advance of June 6 or prior to starting the deposition on June 6.
My understanding of the Deposition Subpoena is that you are legally required to pay the fees for the deposition. I await your payment. In the event you determine to not pay these fees I will not schedule a second deposition. Further any future depositions will be paid for in advance.
I received your letter dated June 9, 2010.I hope that he consults a lawyer about his legal obligations.
Your fee policy is not the law. You are a witness to a court case, and you are required to provide your testimony to the court pursuant to a subpoena.
Let me remind you of the facts. You billed me for $19,350 to write your report, even though the order said that [my ex-wife] was liable for half. You sent the report to Cmr. Irwin Joseph, even though you knew that he was no longer the family court judge, and you had the opinion that he had mishandled the case. You recommended that he eliminate my joint legal custody, even though you had never heard of that ever happening before. He ordered your recommendation, without any due process.
I have a right under the law to get an explanation of the order that binds me. I can only get that by deposing you. In your June 7 deposition, you refused to answer about a dozen important and legitimate questions. You offered no legal justification for your refusals. Your refusals were particularly irresponsible considering that you wrote the current court order.
Your letter arrogantly brags about your continued refusal to answer those questions. The subpoena compels you to answer, under the authority of the court. I don't know where you got the idea that you could write court orders and then not answer questions about them. I demand that you continue the deposition, and that you answer all pertinent questions about your report and order.
I told you at the deposition that I would pay you whatever I am legally obligated to pay. But I will not pay you for what you plainly did not do.