High court Subpoena

bodger

Hi,

I have received a subpoena commanding me to provide evidence in a civil case in the High Court in the near future.
The case is scheduled for four days.
My mother in law -who lives with us- is dying. There is a high probability (according to hospital staff) that these events could coincide.

My wife and sons will be devastated by the loss and I am determined that I will attend the funeral and wake (at my house) etc, and generally be there for my family.

Is there any allowance in the law for such circumstances.
The case has been waiting for its court day since may so I assume the case won't be delayed for me. I believe that my testimony is relatively important to the defense.

All advice appreciated
Rgds
Bodger

maidhc

Court cases are delayed for every sort of reason, and an important witness should not be an unhappy witness. Talk to whoever subpoenaed you!

Tom Young

This is by no means advice, but the trial is likely to be for the full duration of the four day period, thus your availability to attend is important and legally required under the subpoena. If you contact the solicitors who represent the side which you are required to give evidence for and explain your circumstances, it is likely that they will be able to refine the dates and times by which your requirement to attend will be important. Take care though, a subpoena is a legal instrument and non compliance has its consequences.

Tom

JD24

Ring the solicitor and explain your situation. If they really need you they can adjourn the case and obtain a new Hearing Date provided nobody objects to the adjournment.

Tom Young

As a witnesss? I doubt that would work.

JD24

bodger wrote: »

I believe that my testimony is relatively important to the defense.

If the testimony is one that could win / successfully defend a claim being brought then any good Defence Solicitor would adjourn the case on the basis that his/her main witness is not available to attend the Hearing. Many cases are adjourned on this basis i.e. if a witness / plaintiff / defendant are not available to attend. Obtaining a new Hearing Date can be done in a relatively short period of time. They may not obtain a new date prior to Christmas but certainly early in the New Year.

Again contact the Solicitor, explain the situtation, if he has a heart he will adjourn the case.

Jo King

JD24 wrote: »

Again contact the Solicitor, explain the situtation, if he has a heart he will adjourn the case.

It is not the Solicitor who adjourns the case. It is the Judge. Everything depends on the Court. Some judges have a fit when asked for an adjournment. Some will adjourn almost automatically.
If the case is scheduled for four days your evidence may well be for only a couple of hours. It should be able to fit in your evidence at a time that will not be too disruptive. The case may settle or not start at all if there is no judge available. The case may well start and your evidence can be left over for another day after the other witnesses are heard.
It is very difficult to predict when someone is going to die. I know someone who was a week from death for two years!

JD24

It is the Solicitor would applies for an adjournment and a Judge that grants the adjournment. Most Judges do grant adjournments, not many will force a case on if witnesses are not available. In saying that I have seen it happen!

You can however talk to the Solicitor and try and agree a date that suits you to be called. For example if the case is running from Monday to Thursday and only Tuesday morning suits you, most will agree to call you to give evidence for the Tuesday morning. This will suit you and them as if you dont have a specific day to give evidence you could be required to attend Court for the four full days and this only increases your expenses for attending and therefore expenses the Defence will have to pay.