Witness summons

Our man in Havana

What is the position with work if you have been served with a witness summons? I got one requiring me to attend a coroner's court.

Does my employer have to give me the day off, i understand that I wont be paid. Can any disciplinary measures be taken against me?

Thanks
007

Sleipnir

I think it might depend on whether or not it is a civil or criminal case.
Take a look at Oasis.

"As a court witness, you may be entitled to witness expenses.

If you are a witness for the prosecution in a criminal trial, you should tell the investigating Garda who is dealing with the case what your expenses are. For example, you may miss out on wages for the days that you are in court and you may incur travel expenses to get to court.

The Garda will then make an application to the judge that witness expenses should be paid and if the judge makes an order, you will be given a cheque for your expenses.

If you are a witness for the defence in a criminal trial, you may also be entitled to recover some of your witness expenses. You should tell the solicitor who has summonsed you to come to court what your expenses are.

If you are a witness in a civil trial, you will normally be entitled to recover any out-of-pocket expenses you have incurred as a result of having to give evidence. You should speak to the solicitor who has summonsed you to court and he or she will apply for expenses on your behalf. Normally all the witness expenses are paid by the party who has lost the civil case as the losing party will usually be ordered to pay the costs of both sides.

Expert witnesses such as doctors and psychiatrists are entitled to be paid a set fee for giving evidence, whether it is a criminal or a civil trial. They are also paid for the reports that they write for the purposes of the case."

seamus

Originally posted by Bond-James Bond
What is the position with work if you have been served with a witness summons? I got one requiring me to attend a coroner's court.

Does my employer have to give me the day off, i understand that I wont be paid. Can any disiplineary measures be taken against me?

I assume the employer can attempt to take disciplinary action against you, but only if they expressly forbid you to go, and you go anyway. At which point they could land themselves in a whole pile of trouble as regards attempting to obstruct the course of justice, etc etc.

That's only a guess, but it would seem to make sense to me.

[Edit:
You are legally obliged to attend the court when summoned as a witness. Therefore your employer cannot discipline you or forbid you to go.

If you have received a summons or subpoena, you must attend on the date in question at the court. If you fail to do so, you can be imprisoned for "contempt of court". It is not a good defence for you to say that you are intimidated by one of the parties in the case or afraid to give evidence.

From: http://www.oasis.gov.ie/justice/witnesses/how_you_are_called_as_a_witness.html

he general rule is that every competent person may be compelled (forced) to be a witness in a criminal or civil case. However, there are certain exceptions to this rule.

From: http://www.oasis.gov.ie/justice/witnesses/who_can_be_compelled_to_be_a_witness.html

Victor

You have to go.

Any attempt to stop you going by your employer could be construed as intimidation and/or contempt of court. Essentially, the only thing the employer can do is not pay you for the day, which you can get back from the court. If in exceptional circumstance you can't attend on the day, give as much notice as possible and offer alternative days.

Give your employer as much notice as possible. Contact the person who is summonsing you a few days before hand to confirm that you are needed.

Our man in Havana

It is a coroners court. Do the same rules apply?

Victor

The rules won't be identical, but I imagine very similar.

If it's coroner court someone is dead, this makes it a very important preceeding. Fair enough it might bring up unpleasent memories, but it might also give some closure.

Moneyshot007

I've been summonsed to appear as a witness to a burglary. Only problem is, the accused is the son of a very prominent, now dead criminal and I'm not too happy about a court appearance, especially since it was my friends and I who nabbed him and held him until the gardai arrived. Is ther any way out of it? Under what circumstances can you be excused? Thanks!

Nody

The thread is almost 5 years old; ever consider starting a new one?

Beyond that you're not going to get advice on how to avoid your legal duty to witness just because you're scared to witness.

the_syco

Nody wrote: »

The thread is almost 5 years old; ever consider starting a new one?

I've seen this happen a lot with new people. Think they have to reach a certain amount of posts first, to stop the spammers.

=-=

I've read about witnesses "fearing for their life" and thus not appearing in court, and the person then gets off scot-free.