# 11 NYCRR 65-4.8: Witness fees

- Part of: 11 NYCRR Subpart 65-4 (Insurance Regulation 68-D), Arbitration; 11 NYCRR Part 65 (Insurance Regulation 68)
- Page: https://www.beynensonlaw.com/no-fault-regulations/11-nycrr-65-4-8/
- Source: New York State Department of Financial Services, https://www.dfs.ny.gov/system/files/documents/2024/08/reg68_11_nycrr_65_full_txt.pdf (retrieved 2026-10-04)
- Checked against the Department's list of amendments through 2026-10-04
- Unofficial copy. The official compilation is the New York Codes, Rules and Regulations (NYCRR).
- Each provision below starts with its full path, so (a)(2) is paragraph (2) of subdivision (a). Stable IDs have the form `11nycrr:65-4.8(a)(2)`.

## Text

(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:

(d)(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.

(d)(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.

## Historical note

Sec. filed Aug. 2, 2001 eff. Sept. 1, 2001.

## Decisions citing this section (1)

From the beynensonlaw.com case-law database, grouped by the subdivision cited. Highest court first, then most-cited first. Compiled automatically from the text of the decisions.

### Subdivision (b) (1)

- [East Acupuncture, P.C. v Allstate Ins. Co. (2007 NY Slip Op 27109)](https://www.beynensonlaw.com/case-law/east-acupuncture-p-c-v-allstate-ins-co-2007-ny-slip-op-27109/) — Appellate Term, Second Department