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Procedure for a Witness summons

  • 31-05-2016 1:54pm
    #1
    31052016
    Registered Users, Registered Users 2 Posts: 4 ✭


    What is the procedure for summoning someone to court?

    Should a summons be presented in writing? And how many days notice should a witness be given?

    Thanks in advance for any help.


Comments

  • #2
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    31052016 wrote: »
    What is the procedure for summoning someone to court?

    Should a summons be presented in writing? And how many days notice should a witness be given?

    Thanks in advance for any help.

    All set out in the rules.

    http://courts.ie/rules.nsf/LookupPageLink/index?OpenDocument

    And yes it must be in writing and depending on the summons the time required to serve will be set out per above rules.


  • #3
    31052016
    Registered Users, Registered Users 2 Posts: 4 ✭31052016


    Pro Hoc Vice wrote: »
    All set out in the rules.

    And yes it must be in writing and depending on the summons the time required to serve will be set out per above rules.

    Honestly I dont even know what court I am been asked to attend. Got a voicemail last week and havent heard anything since.


  • #4
    coylemj
    Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    31052016 wrote: »
    Honestly I dont even know what court I am been asked to attend. Got a voicemail last week and havent heard anything since.

    It sounds like a civil case in which case you are being asked to attend by one side or the other, typically a firm of solicitors who figure that your evidence will help their client's case. Make sure that you're adequately compensated for travel, loss of earnings, meals etc.

    If it is a criminal case (typically an assault or a traffic accident) then the Gardai will apply for a witness summons so you will get a piece of paper rather than a voicemail.

    A 'summons' is a piece of paper with a harp on the top and the name of the court. If you don't have such a piece of paper then you are not being 'summonsed', you are being asked to attend by a firm of solicitors. You can accept or decline the invitation to attend but remember that they are being well paid to be there so make sure that you're not out of pocket by going along.


  • #5
    31052016
    Registered Users, Registered Users 2 Posts: 4 ✭31052016


    The voice mail was from a Guard.

    I have been calling the station every day to try and figure out what's happening, but no call back yet.

    If this piece of paper doesn't get to me before the court date, what would happen? Could I be in trouble for not attending, even though I was never officially served?


  • #6
    coylemj
    Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    31052016 wrote: »
    Could I be in trouble for not attending, even though I was never officially served?

    No, no service of a witness summons, no worries.

    Sometimes the Gardai don't bother issuing a witness summons if they feel that the prospective witness is likely to turn up to serve his own interests. For example if someone crashed into you and he is up for careless driving, it would be in your interest to go along to give evidence which helps to convict him because the issue of civil liability would then effectively be settled in your favour.


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  • #7
    31052016
    Registered Users, Registered Users 2 Posts: 4 ✭31052016


    coylemj wrote: »
    No, no service of a witness summons, no worries.

    Sometimes the Gardai don't bother issuing a witness summons if they feel that the prospective witness is likely to turn up to serve his own interests. For example if someone crashed into you and he is up for careless driving, it would be in your interest to go along to give evidence which helps to convict him because the issue of civil liability would then effectively be settled in your favour.

    Good to know. It shouldn't be anything like that. I'm just really concerned about getting enough notice as I start a summer job next week. Need to know what's happening so that I can tell work.


  • #8
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    coylemj wrote: »
    No, no service of a witness summons, no worries.

    Sometimes the Gardai don't bother issuing a witness summons if they feel that the prospective witness is likely to turn up to serve his own interests. For example if someone crashed into you and he is up for careless driving, it would be in your interest to go along to give evidence which helps to convict him because the issue of civil liability would then effectively be settled in your favour.

    I would be surprised that AGS don't always serve witness summons in criminal case. What happens in court when main state witness does not turn up, well for one no bench warrant can issue.


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