Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Subpoena to High Court after booking holidays

  • 08-03-2007 7:50pm
    #1
    Registered Users, Registered Users 2 Posts: 11,220 ✭✭✭✭


    My brother in law has just called me and said his girlfriend has been subpoenad to the High Court on Thurs 3rd May as a witness to a case. Thing is they have booked their holidays to the states to leave on the Sunday 6th May and she thinks if she doesn't get to give her evidence on the 3rd she will probably end up not being able to go.

    They called the solicitor today that issued the subpoena and asked whether she could provide an aphidavid of her evidence but was basically told, no chance, she would have to show.

    Any options for them? They don't want to lose the cost of their holiday.

    The event happened about 8yrs ago where she was a witness to an accident where a friend of hers at the time was knocked down. She didn't really see too much when it happened and doesn't remember it that well now. At the time she gave a statement and thought this would be enough as evidence this time around but apparently not.

    Any suggestions?


Comments

  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,549 Mod ✭✭✭✭johnnyskeleton


    With all due respect to the solicitor that issued the subpoena, what else are they going to say but that she has to show up?

    If she is not leaving until the sunday, she will most likely have to turn up on the thursday (and possibly the friday). If the case goes on on that date, the lawyers in the case should be able to accomodate her (i.e. let her give her evidence on the thursday or friday, even if it comes before more important evidence). If she was a vital witness, I would have thought that the solicitor would have asked her when she would be available before obtaining a trial date.

    In any case, she should contact the High Court Central Office for advice on what to do. They are usually very friendly and informative:

    Address: Four Courts
    Ground Floor (East Wing)
    Inns Quay
    Dublin 7
    Phone: +353 (0) 1 888 6000 / 6442 / 6511 / 6512
    Fax: +353 (0) 1 888 6125
    Email: HighCourtCentralOffice@courts.ie

    She might also write to the central office and explain her difficulty. This way, if there is any problem later on, she can show the court that she had a genuine holiday and is not just making an excuse to avoid giving evidence.

    Please bear in mind this is not legal advice, it is just a practical suggestion. If she wishes to have the subpoena cancelled, she should contact a solicitor (and this might cost money).


  • Registered Users, Registered Users 2 Posts: 7,722 ✭✭✭maidhc


    The solicitors are well capable of getting the date changed if they are prodded enough. Might require a shouting match and a thinly veiled threats that co-operation may not be forthcoming.

    You can also argue the notice was not adequate.

    Just a few suggestions that are clearly not legal advice!


  • Registered Users, Registered Users 2 Posts: 11,220 ✭✭✭✭Lex Luthor


    Thanks for the replies. I'll pass the info on and hopefully it will be sorted amicably


  • Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    A few random thoughts. Not legal advice.

    Her evidence will not count unless she gives it from the witness box. Therfore, her statement will not do in lieu of a personal appearance as she will need to be available to be cross examined.

    If other witnesses can evidence the same facts as her then she may not be required as a witness.

    If she is imperative to the case then the side that wants her to give evidence will have to apply for a different date.

    Whatever she does make sure that she has a record of notifying the solicitor formally of her unavailability on the proposed date. Solicitors have a funny habit of forgetting things that are just said and not written down ! I suggest she e-mails a short note to the solicitor who issued the summons explaining that she will be unavailable between certain dates and why. I only suggest this so that your BIL's GF can cover herself and not be accused of failing to answer a summons.


Advertisement