A member asked over 8 years ago

I have to be a witness, can I refuse?

I have been summoned to be a witness, can I refuse?

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. A summons is a document issued by a court requiring a person to appear before a court at a particular time to give evidence or produce documents. If you have received a summons in relation to a criminal or civil trial, you are required to attend court. If you refuse to attend court as a witness, you may be served with a subpoena. This is a court order telling you a date and time that you must be at court.


If you do not attend court without a reasonable excuse and you are able to give relevant evidence in the trial, then the court may issue a warrant for your arrest to be brought before the court to give evidence. You may also be charged with contempt of court if you disobey a subpoena. Contempt of court is any conduct that interferes with the court process or administration of justice, and involves serious penalties.


If, on the day you are required to attend court under the summons or subpoena, you become ill or some other emergency occurs, you should contact the court registry or the party for whom you are giving evidence (or their lawyer). This may minimise inconvenience to the court and prevent an arrest warrant being issued in your name.


Suggested way forward

You are legally required to attend court as a witness if you have received a summons or subpoena in relation to a trial. You do not need a lawyer to appear as a witness in court. However, if you have questions about your legal obligations or concerns about the evidence you will give in court, you should speak to a lawyer before the trial. 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.

Answered over 8 years ago   Legal disclaimer

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