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Why be a Witness

  • 26-05-2009 9:02am
    #1
    Registered Users, Registered Users 2 Posts: 7


    Hi
    I recently got a letter from a solicitor on behalf of a former employer telling me that I would likely be called as a witness to an accident that happened.
    On the day it happened I was attending work but I was no where near the incident when it happened and I effectively saw nothing.
    I in retrospect foolishly signed a letter saying that I was present but saw nothing happen( I wasnt even there!):confused:.It basically can be interpeted many ways if one wants but I cant figure out why they need my statement which will be that I saw nothing as I was working in another area when I attend court.
    I suppose this is their way of mudding the water somehow.:mad:


Comments

  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,773 Admin ✭✭✭✭✭hullaballoo


    What's the question here? Are you asking whether you're compelled to be a witness or are you just having a rant about your boss?


  • Registered Users, Registered Users 2 Posts: 7 fran.c


    I have not contacted the solicitors yet but I was wondering if I am legally obliged to attend and can they compel me to attend even though I did not witness the accident.
    Id prefer not to attend as I dont know what I could contribute to the case for either side.
    I am writing a letter to that effect at the moment but was wondering if I am wasting time and effort.


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


    fran.c wrote: »
    I have not contacted the solicitors yet but I was wondering if I am legally obliged to attend and can they compel me to attend even though I did not witness the accident.
    Id prefer not to attend as I dont know what I could contribute to the case for either side.
    I am writing a letter to that effect at the moment but was wondering if I am wasting time and effort.


    1. Although you did not witness an incident you could have relevant background information. You really should telephone the solicitor for a chat and find out what it is that they want from you.

    It should become quickly apparent to them if you are going to be of use.

    2. If they issue a witness summons/sub poena you are legally obliged to show up in court.


  • Registered Users, Registered Users 2 Posts: 8,203 ✭✭✭partyguinness


    If they want to cut the crap and want you there, they will just issue to the Witness Sumons.

    Otherwise they are taking a chance that you will turn up and if you dont they will look very silly.


  • Moderators, Category Moderators, Arts Moderators, Entertainment Moderators, Social & Fun Moderators Posts: 16,663 CMod ✭✭✭✭faceman


    Why did you sign a letter saying you witnessed the incident if you werent there???

    If necessary an application can be made to the court to force you to attend, I cant remember the name of it.


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  • Registered Users, Registered Users 2 Posts: 78,577 ✭✭✭✭Victor


    Discuss and agree an hourly rate with them.

    Then explain that, "Yes I was present on the premises, but hang on, when I said I was present, i wasn't in the room when the accident happened, I didn't see anything until after, but I saw ....."


    Are subpoenaed witnesses entitled to costs / fees?


  • Registered Users, Registered Users 2 Posts: 479 ✭✭_JOE_


    Victor wrote: »
    Discuss and agree an hourly rate with them.

    Then explain that, "Yes I was present on the premises, but hang on, when I said I was present, i wasn't in the room when the accident happened, I didn't see anything until after, but I saw ....."


    Are subpoenaed witnesses entitled to costs / fees?

    Yes, in the form of a viaticum paid to witnesses, which includes travel expenses, loss of earnings for the day...


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