Court Order To Witness.

Must try

I need to know if there is a High Court generated notice or order that can be sent to a witness advising that the witness will be called to the High Court as a witness but without stating an appearance date -this is important].

So, a Court Order without showing a date to appear.

Any help here will be gratefully appreciated.

Lenar3556

Not really. You could send them a note telling them that you plan to call them as a witness at a future date.

What are you trying to achieve?

Must try

Thank you. My action is long delayed due to Covid etc but I need to try to apply a little [pressure or a reminder that I have not gone away.

It is important as one witness has been making good noises.

Must try

It is important that they get a Court document, not a memo from me.

But what?

NUTLEY BOY

When a case is close to hearing your solicitor can issue a witness subpoena to the witness.

Here is what it should look like - O 39, r 26. Superior Court Forms | The Courts Service of Ireland

The solicitor fills in the blanks . The solicitor is responsible for arranging the attendance of witnesses. It is not always imperative to summon a witness but it is good practice if you have concerns about their attendance.

Must try

Thank you Nutley Boy.

However, that form also requires to show a court date.

I want to "Nudge" things along by a Notice or Order. I suppose that it could be of any subject as long as it does not show a date.

Claw Hammer

https://www.boards.ie/discussion/comment/120009343#Comment_120009343

What do you want the nudge to do? provoke a settlement offer?

Peregrinus

What's the point of nudging a witness? If you want to move your proceedings along you need to be sending stuff to the other party - notice of motion to set down for trial, that kind of thing. Exactly what you should be doing depends on what kind of proceedings you have and what stage they are at.

Must try

Thank you for your views. I appreciate this.

To be more complete in respect to my aims....I am trying to get 2 witnesses who are relatives of the defendant to pressure the defendant to settle. I know that this is likely if the pressure on these 2 is good enough. The 2 relatives do NOT wish to be called as witnesses. I know that as a fact.

Is there any Court notification [of any nature] that can be sent to the 2 relatives? For them to receive Official Court documents may well succeed.

Fingers crossed.

bobbyD1978

This sounds like intimidation to cource a settlement to me. Courts correctly won't get involved in such practice

No

Must try

What I propose is not and indeed cannot be intimidation [by me]. Stop and think!

You are obviously not a lawyer. While I appreciate your contribution, you are reading this backwards. Think!

Jequ0n

What else would you call it if not intimidation? You admitted that you want to pressurise the defendant to chose your preferred choice of action.

https://www.boards.ie/discussion/comment/120013378#Comment_120013378

I think that it's you that needs to think. It is 100% witness intimidation.

Must try

With respect, any notice from the Court comes from the Court not me. Think!!!

banie01

https://www.boards.ie/discussion/comment/120013606#Comment_120013606

You have been given the correct info regarding how to issue a witness subpoena.

That's the process, that you want to find some way of issuing a placeholder to your witness? In an openly stated effort to suborn their influence upon your respondent is an effort at witness intimidation.

You are seeking to have them exert pressure upon the respondent in an effort to force a settlement in your favour.

To use a word you seem to parrot without understanding "think".

As if you can't see why your effort to coerce a witness into a specific course of action in your favour, isn't witness intimidation? You will have a bad time of it in court.

I do hope that you have representation? If you do, discuss this notion with them. If you don't? Well, enjoy your day in court.

Claw Hammer

You are going to have to have the case listed for hearing and then issue a witness summons for them to appear on the date of the hearing.

The only other thing you could do is write have your solicitor to the potential witnesses and ask them to come and talk to your solicitor bringing any relevant documents they might have with them. That would at least let them know that they might be involved in a case.

coylemj

https://www.boards.ie/discussion/comment/120013606#Comment_120013606

And will be to call the witness(es) to appear at a specific date and time and place. What you're looking for is a vague notice to the effect that your prospective witness(es) may be called to give evidence at an unspecified date, there is no such thing.

I agree that it would not constitute intimidation but it would bug the hell out of me if I received such a document and subsequently discovered that it was an attempt by the plaintiff to prod me into an action which was not directly related to my attendance to give evidence at a court hearing.

What you are attempting here is to use the legal system to give your witnesses a kick in the rear. It would be a shakedown in a court document.

Peregrinus

https://www.boards.ie/discussion/comment/120013333#Comment_120013333

No, is the short answer. As far as the court is concerned there's no point issuing documents compelling witnesses to attend if you can't tell them when they have to attend. What can a witness do with that information that will advance the progress of the case?

The court doesn't establish procedures with a view to giving one side a tactical advantage over the other — the court is impartial, remember. Court procedures are aimed at moving the case forward.

harmless

OP it would seam that you are the one who does NOT wish to be called as witnesses