Subpoena of witnesses

Oryx

How common is it to subpoena a witness in a civil case (high court)?

And what way are expenses calculated for such witnesses?

If this contravenes the charter in any way, apologies.

Tom Young

Common but often set aside for being an irrelevant exercise or abuse of process.

We can't subpoena Enda Kenny to give evidence in a case involving our inability to pay our mortgage, just because the process may exist.

Oryx

This is a case where someone explained to a solicitor that they could not act as a witness because of work pressure and time constraints. Said solicitor then subpoena'ed them without futher consultation, with a cheque for a derisory amount to cover expenses.

Not looking for legal advice, just a run down on whether this is normal process.

Tom Young

A subpoena is a court order to attend and has a penal endorsement. To be ignored, even if prima facie irrelevant, at your hazard.

Oryx

Tom Young wrote: »

A subpoena is a court order to attend and has a penal endorsement. To be ignored, even if prima facie irrelevant, at your hazard.

It wont be ignored, the seriousness of it is already understood. I'm trying to see if this is (as told by the solicitor) common practice, it seemed an extreme thing to do to someone you are calling as part of your case, and to include a cheque that wont come near to covering even travel costs, let alone loss of income.

nuac

Oryx wrote: »

This is a case where someone explained to a solicitor that they could not act as a witness because of work pressure and time constraints. Said solicitor then subpoena'ed them without futher consultation, with a cheque for a derisory amount to cover expenses.

Not looking for legal advice, just a run down on whether this is normal process.

The solicitor could be deemed negligent if he did not subpoena the witness in those circumstances.

Money sent with the subpoena is just on account for nominal travelling expenses. The witness can invoice for full travel, loss of income etc.

If the witness sends this letter prior to trial, (s)he may be told that he is not now required.

However as TY states a witness has to attend court as subpoenaed. Only excuse would be serious illness, certified by doctor.

Peregrinus

Yep, it's normal. If the witness doesn't attend, the case will collapse. The lawyer will do whatever he can to ensure that the witness attends.

As nuac says, the money that comes with the subpoena is not necessarily all you will get. As the lawyer will prefer a co-operative and well-disposed witness, it may be worthwhile contacting the lawyer in advance of the case to discuss proper costs.

Oryx

Peregrinus wrote: »

Yep, it's normal. If the witness doesn't attend, the case will collapse. The lawyer will do whatever he can to ensure that the witness attends.

As nuac says, the money that comes with the subpoena is not necessarily all you will get. As the lawyer will prefer a co-operative and well-disposed witness, it may be worthwhile contacting the lawyer in advance of the case to discuss proper costs.

If this case hinges on this witness then its a pretty weak case.

Solicitor says the costs are set by the court and refuses to discuss further expenses.