Summoning witnesses

Question 1

can Ws be paid?

Answer 1

a witness served with a witness summons must be offered reasonable travel expenses to/from court + compensation for loss of time (amount under PD) at time of service

however, outcome-based payments to Ws breaches STaRs

Question 2

what does a witness summons do?

give examples of when it would be appropriate

Answer 2

Compels a W to attend court to give evidence or produce documents, i.e.:
o W reluctant to attend
o W needs to provide to an employer for time off work
o W thinks will damage relationship if evidence given voluntarily
o To ensure busy Ws will attend

Question 3

what must be filed?

Answer 3

File 2x copies Summons Form (N20) for each W + court fee (+ W’s reasonable travel expenses/compensation if court serving)

Question 4

how is a summons issued? who serves the summons and when?

Answer 4

Issued by the court on a date entered on the summons by the court

Served by the court unless a party indicates in writing they will do so
o Court serve by post
o Party can serve by post of personal service

Question 5

is permission required? if so, when?

Answer 5

Permission required where a party seeks to issue a summons:
o Less than 7 days before trial; or
o For W to attend court/produce documents on any date/hearing except trial

Question 6

what are the consequences for failing to comply?

Answer 6

Failure to comply:
o CC = fine
o HC = contempt of court

Question 7

can a summons be set aside? If so, on what basis?

Answer 7

any party or the summoned W can make an application to set aside the summons

they would need to evidence W cannot give relevant evidence