Motion,Ex Parte: NONKIN, ANN MARIE v. PESCHEL, MICHAEL Et Al

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                                DOCKET NO. LLI-CV14-6009898-S                                                SUPERIOR COURT

     ANN MARIE NONKIN                                                             JUDICIAL DISTRICT OF LITCHFIELD

                VS.                                                               AT LITCHFIELD

     MICHAEL PESCHEL, ET AL                                                       SEPTEMBER        21, 2015

         MOTION         FOR EXPERT TESTIMONY                   FEE AGAINST DEFENDANT,                   MICHAEL PESCHEL

                The   Plaintiff in the above-mentioned             matter     respectfully   requests   the Court   to compel    the

     Defendants, Michael and Judy Peschel to pay for the expert witnesses they deposed for the following
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zo              1        On April 17, 2015 the Defendants, Michael and Judy Peschel deposed the Plaintiff's expert
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     witness, Mr. Richard Calkins.             The cost for the expert to be deposed was $2,575.00, of which $1,225.00 was
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     for preparation and $1,350.00 was for testimony.               To date the Plaintiff has paid $1,287.50 for the expert’s
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     preparation and the Defendants,                Michael    and Judy     Peschel   have only paid $337.50        and Defendants

     UpCountry Services of Sharon, Inc. have paid $337.50 leaving a balance of $612.50 owed to the expert

     witness,       (See Exhibit       A attached    herein)   Counsel      for the Defendants    Michael     and Judy Peschel   has

     indicated that he does not feel that he is responsible for preparation done by the expert witness and that the

     Defendants’ are not responsible for any further fees. However, as stated above, the Plaintiff promptly paid

     for all of the preparation time of the expert witness.               The balance owed is for testimony not preparation.

     ORAL ARGUMENT                        '¢        REQUESTED

     TESTIMONY                     2
                                           REQUIRED
Furthermore, the Plaintiff paid for one-half
                                                              of the entire fee of the Defendants expert witnesses’

      deposition, regardless of the amount for the deposition and/or preparation, as agreed to by the parties.

              22        Pursuant to Connecticut Practice Book § 13-4, the party deposing the expert witness must pay

      for the deposition cost excluding preparation costs, The Plaintiff promptly paid for all preparation costs of

      said depositions. The depositions were approximately four months ago, and despite numerous requests from

      the Plaintiffs attorney the Defendants, Michael and Judy Peschel have failed to fully pay the experts for

      their time given for testimony.
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