New York No-Fault Regulations 11 NYCRR Subpart 65-4: Arbitration

11 NYCRR 65-4.8: Witness fees

Text of 11 NYCRR 65-4.8 (Insurance Regulation 68-D) as published by the New York State Department of Financial Services, checked against the Department's list of amendments through October 4, 2026.

This is an unofficial copy. The official text is in the New York Codes, Rules and Regulations. Decisions apply the version in force at the time of the claim, which may differ from the current text.

Decisions citing this section · Plain-text version (Markdown)

(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.

Historical note

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