Hi there. A witness summons is a legal document that requires the recipient to attend court on a particular date to give evidence (or produce documents to be used as evidence) in a legal proceeding. A summons must be served on a person or left at their usual or last known residence or place of business.

The intended recipient of a summons is required by law to attend court as directed. If a person refuses or neglects to attend court as directed, without sufficient cause, that person may be guilty of contempt of court. Serious penalties, such as a fine or imprisonment, may be imposed on a person who is found to be in contempt of court.

It is difficult to predict what will happen in your situation. As you did not receive the summons until shortly before the hearing date, you may be deemed to have a sufficient cause for not attending, provided you were genuinely unable to attend the hearing. Whether the court accepts your excuse will depend on the particular circumstances of your situation.

Suggested way forward

You should contact the registry of the court at which the hearing was held and explain your situation. You may also want to consider speaking to a lawyer who can fully advise you of your legal options. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.