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MSUE Administrative Handbook: Human Resources
  
SUBJECT: WITNESS FEES
 
POLICY: Witness fees, minus expenses, associated with a person’s appearance in a legal proceeding as an MSUE employee are paid to the MSUE Professional Development Endowed Fund; witness fees associated with a person’s appearance in a legal proceeding not as a MSUE employee, as an expert witness for example, are retained by the person.
 
APPLIES TO: MSUE provost-appointed academic staff
 
PROVISIONS/RESTRICTIONS:
 
  1. Factual testimony is an individual’s knowledge of the events of a case which has resulted from involvement in the situation.

  2. Expert testimony involves opinion or value judgement regarding the facts of a case which typically results from an in-depth understanding of a subject, not prior involvement in a situation.

  3. If an MSUE academic staff member appears as an expert, he/she is considered to appear as an independent contractor, not as an MSUE employee.

  4. Expenses are defined as costs associated with travel, meals, lodging.
 
PROCEDURES:
 
  1. A person appearing in a court proceeding as an MSUE employee, after deducting expenses, sends a check to the MSUE Professional Development Endowed Fund in the amount of the balance.

  2. If a person’s expenses have been paid by MSU or the county, the funding source is reimbursed.

  3. An MSUE academic staff member who provides expert testimony files a consulting request.

NOTE: This policy is under review and questions may be addressed to MSUE Human Resources.
 
DATE:    April 2009