Question about being called as a witness

Bob Rooney

I was witness to an accident 4+ years ago. Shortly afterwards I gave a statement to the Garda but I'm now being told by one of the solicitors involved that I have to attend the proceedings over a 2 day period and that I will also need to meet with them before the trial for preparation.

Two questions.

1) Am I legally obliged to attend or is my written statement enough? I would not be confident that I could add any more accuracy to this statement after such a long amount of time. If anything I think I'd be liable to do quite the opposite.

2) If I am legally compelled to attend the trial how does that work with regards to time off from work? Is time that my employer would have to absorb or would this be a case of me having to take annual/ unpaid leave?

esforum

crminal case? civil case? handed any paperwork?

Not nearly enough info. If you are served a summons, then yes you must attend and by rights they arent supposed to prep you so you shouldnt need to meet in advance.

esforum

crminal case? civil case? handed any paperwork?

Not nearly enough info. If you are served a summons, then yes you must attend and by rights they arent supposed to prep you so you shouldnt need to meet in advance.

Bob Rooney

There was a collision between two vehicles and one party is suing the other for damages. So I assume that this is a civil case.

The only correspondence I've had are letters sent directly from the solicitors. One of these was sent by registered post (incidentally all to the wrong address). In these letters they stated that they wish me to attend the hearing and that if I don't reply by a certain date they will assume that dates they mentioned are suitable for me. I've not replied to them as of yet.

mattaiuseire

You are not obliged to attend. You can simply write back and politely but firmly decline.

ohnonotgmail

mattaiuseire wrote: »

You are not obliged to attend. You can simply write back and politely but firmly decline.

or tell them they will have to cover your costs for the two days, including lost wages.

esforum

they have not obtained a summons then its optional but they will usually cover you cash wise for sitting around reading a book so its easy money

Bob Rooney

Thanks folks. I had images of my trial for ignoring solicitor's letters flashing before my eyes.

Bob Rooney

Thanks folks. I had images of my trial for ignoring solicitor's letters flashing before my eyes. I'll contact them shortly.

esforum

Bob Rooney wrote: »

Thanks folks. I had images of my trial for ignoring solicitor's letters flashing before my eyes. I'll contact them shortly.

remember your full costs, meals, etc and time are valuable, dont sell yourself cheap nd dont let anything slide

mattaiuseire

Bob Rooney wrote: »

Thanks folks. I had images of my trial for ignoring solicitor's letters flashing before my eyes. I'll contact them shortly.

Hahaha no, relax. The option they have given you is somewhat requesting your silent acquiescence, by stating they will take it as though you've agreed to go if you don't make any contact with then. It's cheek. But sure from their point of view a witness could help them win the case in court.

So you can be a right diva if you want and demand things like a cup of coffee every hour on the hour, a bowl of m&m's with all the green ones removed, 2 days compensation at €350 per day... or just writ and decline their offer but wish them all the best.

esforum

mattaiuseire wrote: »

Hahaha no, relax. The option they have given you is somewhat requesting your silent acquiescence, by stating they will take it as though you've agreed to go if you don't make any contact with then. It's cheek. But sure from their point of view a witness could help them win the case in court.

So you can be a right diva if you want and demand things like a cup of coffee every hour on the hour, a bowl of m&m's with all the green ones removed, 2 days compensation at €350 per day... or just writ and decline their offer but wish them all the best.

well they could just obtain a summons

mattaiuseire

esforum wrote: »

well they could just obtain a summons

Yeah they could, but they haven't have they, so why say that?

Carawaystick

mattaiuseire wrote: »

Yeah they could, but they haven't have they, so why say that?

Because if you ask for the sun, moon&stars served in a crystal dish hand cut by virgins, they might decide a summons is less hassle.

mattaiuseire

Fair point!!

I forgot about my comment about being a diva - apologies!

ohnonotgmail

Carawaystick wrote: »

Because if you ask for the sun, moon&stars served in a crystal dish hand cut by virgins, they might decide a summons is less hassle.

and then you turn up in court with amnesia.

Bob Rooney

ohnonotgmail wrote: »

and then you turn up in court with amnesia.

While I'm both reluctant to give up my time (though I suppose I'd just have to suck it up if I was compelled to go) I'm more concerned that I can't accurately recall what happened.

emeldc

Bob Rooney wrote: »

While I'm both reluctant to give up my time (though I suppose I'd just have to suck it up if I was compelled to go) I'm more concerned that I can't accurately recall what happened.

Well then just be honest with them and tell them that. They wont want you throwing a spanner in the works.

granturismo

esforum wrote: »

well they could just obtain a summons

Can a summons be issued in a civil case?

coylemj

Whether it's a criminal or civil case, you can ask to see a copy of your original statement. In a prosecution you can ask the Garda or in a civil case, the solicitor acting for the side which is asking you to appear. In either case they are calling you because they feel that what's in your original statement will help their case so ask to see the statement in order to 'refresh' your memory - it's a legitimate request. If a Garda or an expert witness is appearing in court, they will always read their original statement prior to getting into the witness box, usually the night before or on the morning of the case but not while they are sitting in the witness box.

NUTLEY BOY

Bob Rooney wrote: »

I was witness to an accident 4+ years ago. Shortly afterwards I gave a statement to the Garda but I'm now being told by one of the solicitors involved that I have to attend the proceedings over a 2 day period and that I will also need to meet with them before the trial for preparation.

Two questions.

1) Am I legally obliged to attend or is my written statement enough? I would not be confident that I could add any more accuracy to this statement after such a long amount of time. If anything I think I'd be liable to do quite the opposite.

2) If I am legally compelled to attend the trial how does that work with regards to time off from work? Is time that my employer would have to absorb or would this be a case of me having to take annual/ unpaid leave?

A few observations.

Your written statement is not enough. You need to give your evidence in person for it to be in an admissible form. You will be examined (questioned) by the party that called you so that they can elicit the required evidence from you in open court. You might then be cross-examined by the opposing party.

Accuracy of witness recall can be notoriously defective the greater the period of time between the accident and the rendering of evidence. That is why you re-read your statement as others have pointed out. That is also why witnesses need to confine themselves to what they actually remember as distinct from what they think they remember or what they think that they are expected to say whilst trying to be helpful. Difficulty in the latter respects is what often opens the way for the credibility of a witness and or their evidence to be trashed. i.e. Are you sure ? How sure are you ? Are you not sure now ?.................

In relation to work you are entitled to ask the side calling you to reimburse you for lost earnings if your employer is going to dock your pay you for the time in court. I am not sure if the employer can force you to take the time as holidays. Most employers would tend to be reasonable about this but there are some miserable tightwads. In the latter event unpaid leave could then be claimed as lost earnings for attending court.

Additionally, you are entitled to seek reimbursement of reasonable travelling expenses and sustenance.

You are not entitled to put in an appearance fee

Paddy Powers will probably give you good odds on the virtual certainty that you will turn up and hang around for half a day and then be told that you are no longer required and are released back in to the wild. It's the system.