N.Y. Comp. Codes R. & Regs. Tit. 11 §§ 65-4.8

Current through Register Vol. 46, No. 50, December 11, 2024

Section 65-4.8 - Witness fees

(a) No witness fee shall be payable to a person who is a party to the arbitration.

(b) The arbitrator shall not approve the payment of a fee to a witness appearing on behalf of an applicant or an assignee, unless the witness was subpoenaed by the arbitrator or, prior to appearance, the witness's presence was determined by the arbitrator to be necessary for resolution of the dispute.

(c) Whenever a witness fee is determined by the arbitrator to be payable, the cost thereof shall be charged as an administrative expense of the arbitration forum.

(d) Any witness fee awarded pursuant to subdivisions (b) and (c) of this section shall be determined as follows:

(1) If the witness is testifying as an expert, the fee shall be calculated on the basis of such witness's documented usual and customary hourly charge for an appearance, plus necessary verified disbursements.

(2) Any other witness shall only be entitled to reimbursement for verified expenses and economic losses necessarily incurred in connection with an appearance before the arbitrator.

N.Y. Comp. Codes R. & Regs. Tit. 11 §§ 65-4.8