Originally Posted by Kai
You should get paid.
While they can compel your testimony, they are going to want to prep you and talk with you ahead of time.
Charge them $300 per hour.
Originally Posted by odoreater
Depends on the specific rules of the jurisdiction that has authority over the dep, but generally, in most jurisdictions, nothing mandates paying fact witnesses for deps. However, that doesn't mean you can't ask to be compensated and they can't agree to compensate you if they want to. If they don't agree to compensate you, they can compel you to testify by subpoena, but I imagine that would make you more hostile, and they wouldn't want that from someone whose testimony would be beneficial to their case.
***The above is not legal advice and we do not have an attorney/client relationship.
Further on the non-advice: a plaintiff's attorney may be reluctant to compensate a witness in this situation because (1) it creates cross-examination material and (2) if they are working on contingency, they don't want to sink money out of their own pocket. Which means you might not get anything other than whatever sucky witness fee and mileage that is required by the law.
If you have a set rate of salary or expected normal income for a work day, you might be able to talk your way into that but you certainly shouldn't expect to get $300/hour for testimony and prep time. Expert witnesses being asked to opine on issues get paid like that, but fact witnesses being deposed on their observations usually aren't going to be paid at a rate that looks like profit.