Legal Definitions - conduct money

Conduct money refers to the funds provided to a witness to cover their reasonable expenses incurred when they are legally required to attend a court hearing, trial, deposition, or other legal proceeding. This money is intended to compensate the witness for costs such as travel, accommodation, and sometimes a reasonable allowance for lost earnings, ensuring they are not financially disadvantaged for fulfilling their civic duty to provide testimony.

Here are some examples illustrating the application of conduct money:

• Example 1: Interstate Travel for a Civil Trial

  Maria lives in California but is a crucial witness in a breach of contract trial taking place in New York. The law firm that issued her a subpoena provides her with conduct money. This payment covers her round-trip airfare, a two-night hotel stay, and a daily allowance for meals and incidental expenses. This ensures Maria can travel to New York and testify without having to pay for her travel and accommodation out of her own pocket, demonstrating how conduct money facilitates attendance for witnesses from distant locations.

• Example 2: Expert Witness Deposition

  Dr. Lee, an environmental scientist, is called to provide expert testimony in a toxic waste litigation case. He is required to attend a deposition at a law office located two hours away from his home. The party requesting his deposition provides him with conduct money to cover his mileage for driving, parking fees, and a reasonable sum to compensate for the half-day of work he misses at his consulting firm. This illustrates conduct money covering local travel costs and compensation for lost professional time.

• Example 3: Local Witness in a Criminal Case

  David is a witness to a car accident and is subpoenaed to testify in the ensuing criminal trial. He lives within the same city as the courthouse but relies on public transportation and works an hourly job. The prosecution provides him with conduct money to cover his bus fare to and from the courthouse and a reasonable amount to compensate him for the wages he loses by taking time off from work to attend court. This shows conduct money addressing direct travel costs and lost income for a local witness.