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Court summons civil case

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  • 24-06-2010 2:31pm
    #1
    Golfusr
    Registered Users Posts: 28 ✭


    All

    I have received a court summons from a solicitor for me to attend as a witness in a civil case in Limerick and I am living in Dublin

    It would cost me a considerable amount of money and a day's unpaid leave or holidays from work to go and I really don't want to / see the need for me there

    I have sent him an e-mail telling him I won't attend and I have tried to contact him numerous times by phone but he hasn't responded to anything

    Am I under any oligation to attend? What enforcement powers does he have? Am I covered based on the fact I sent him an e-mail weeks ago telling him I wouldn't be attending and he hasn't responded?

    Thanks for any advice


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    #2
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    You are entitled to be paid your expenses and loss of earnings. You should question the solicitor about this.


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    #3
    McCrack
    Registered Users Posts: 2,968 ✭✭✭McCrack


    You are entitled to be paid reasonable expenses and you are under Court Order to attend failure of which is contempt. You are entitled to be paid by your employer for your absence


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    #4
    Golfusr
    Registered Users Posts: 28 ✭Golfusr


    Thanks for the advice.

    I rang the court a while ago too and they said that if I didn't plan to attend that it wasn't up to them I should speak to the solicitor...but he has been impossible to contact!!

    I can reclaim my expenses but it's really the hassle and the fact that I really don't want to attend that makes me think I won't go


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    #5
    NUTLEY BOY
    Registered Users Posts: 2,344 ✭✭✭NUTLEY BOY


    I thought that witness summonses for people who have to travel a distance were accompanied by a payment on account to get you there. I think it used to be called a viatacum or such like.

    OP contact solicitor and ask for money on account to get you there.

    Also, ask solicitor how long you will be required to be available to give evidence as you may also need to book accomodation overnight.

    Incidentally, OP, you are legally obliged to answer a witness summons.


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    #6
    Mr. Presentable
    Closed Accounts Posts: 9,496 ✭✭✭Mr. Presentable


    OP, all the info is here


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    #7
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    Vague info as usual from CI.

    OP you could be waiting sometime for your expenses to be paid. It is all very well saying the loosing side pays, but you will be made wait.


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    #8
    vector
    Registered Users Posts: 1,756 ✭✭✭vector


    >youre entitled to be paid by your employer


    all well and good if you have a 9 to 5 job but what about a shift working job?
    If I tell my employer I won;t be free next tuesday I'm marked off the calendar, so I get no work, I don;t work every tuesda so my employer won't pay me, this is the real world and as long as we have unpaid jury duty it will be populated by OAPs, civil servants, and those who are unemployed


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    #9
    Lorraine_ie
    Registered Users Posts: 20 ✭Lorraine_ie


    You are actually not entitled to be paid by your employer unless you have been called for jury duty. If you are being called to be a witness for a personal injury case or other, then the party who requires your attendance must pay your expenses.


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    #10
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    And you can bet left a long time waiting to be paid.


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    #11
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    Haddockman wrote: »
    And you can bet left a long time waiting to be paid.
    I imagine witness expenses are only totted up and paid out at the end of a trial - i.e. when the case is settled and it has been decided who is going be paying for the damages.
    In the case of a criminal trial, if you're called by the DPP you'd be paid fairly swiftly.


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    #12
    Lorraine_ie
    Registered Users Posts: 20 ✭Lorraine_ie


    Expenses are usually paid out either when serving the summons or just before or after the trial. If the plaintiff is requesting your attendance then they pay the expenses and claim them back off the defendants at the end of the trial if they are successful.


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    #13
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    seamus wrote: »
    I imagine witness expenses are only totted up and paid out at the end of a trial - i.e. when the case is settled and it has been decided who is going be paying for the damages.
    In the case of a criminal trial, if you're called by the DPP you'd be paid fairly swiftly.
    I was a witness for the state in a case a few years ago. I was waiting 3 months to get my 2 days wages back from the DPP.


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