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Witness Summons Queries

  • 10-03-2011 10:28pm
    #1
    Chilliflake
    Registered Users, Registered Users 2 Posts: 39 ✭


    Hey all

    I've been summoned as a witness to a hearing by a plaintiff who is representing himself. This is an appeal to the Circuit Court from the EAT where the said plaintiff lost his hearing on all grounds by unanimous decision. In the EAT hearing, I (and others) was called as a witness by the defendant which would have been the natural order of things as I would be supporting the defendant's case, not the plaintiffs. I have three questions:-

    1. Can a plaintiff who is representing himself summon witnesses (there's 15 of us apparently) who have already been called by the defendant to support the defendant's case in the first hearing?

    2. There has been no mention of expenses - how can I be sure I will get/how can I claim expenses when the plaintiff is representing himself and has not mentioned expenses? Also, I'm of the opinion that the plaintiff is representing himself due to a lack of funds (as well as a grandiose opinion of himself as a lawyer when he's not) so how can the witnesses claim expenses?

    3. I'm only curious as to the expenses issue because I live down the country and have been told in the letter to expect to be in court for three days. I have a three month old baby that I will not leave with a stranger/carer for three days during this hearing (of which my input will be minor). Ideally I would like to be exempted due to the baby situation but am not sure what to do as I don't have anybody that I can leave her with for three days while I travel up to Dublin and stay in a hotel for the duration of the hearing. Not that I will leave her down the country with a stranger (or even a family member) for three days anyway. Can I bring a baby into court? Not likely, but this ridiculous carry on is giving me very little in the line of options.. Am I meant to pay for all this travel, accommodation and perhaps childcare out of my own pocket?

    Any help or suggestions greatly appreciated. I need this like I need a hole in the head to be honest.


Comments

  • #2
    Kosseegan
    Banned (with Prison Access) Posts: 987 ✭✭✭Kosseegan


    From the Circuit Court Rules on www. Courts.ie
    http://courts.ie/rules.nsf/6cc6644045a5c09a80256db700399505/c617ff8d99e976df80256d9400606219?OpenDocument

    Order 24, rule 3     By the substitution for that rule of “3. Service of a witness summons shall be in accordance with Order 11, unless the Judge or County Registrar shall order otherwise. If it appears that the person served was not given reasonable time to enable him to appear in pursuance of the summons, or that his reasonable expenses have not been paid or offered to him, the Judge may set aside or disregard such service.”

    You should contact the other witnesses and a grre a plan between you. The defendant might be willing to pay a solicitor to advise all of you together as regards the question of expenses.


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