Being ordered to go to court as a witness
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What is a subpoena?
A subpoena is an official document which tells you that you must go to court to give evidence and/or to take certain documents to court.
Do I have to go to court and answer questions if I get a subpoena?
You may. Read what the subpoena says. The subpoena might say you have to go to court to give evidence or it might say you have to take documents to court.
At the time you get the subpoena you must also get given some money to cover the costs of travel or you may agree to just being given a ticket for travel. You do not have to pay for the travel, the person or organisation that has organised the subpoena must pay. The payment does not have to be for luxury travel. If there is public transport close to where you live and close to the court, then the payment only has to be enough to pay for public transport, not a taxi.
What do I do if I don’t get any money?
You need to contact the person or organisation that ordered you to give evidence or produce documents. If still unsuccessful, get legal advice.
What happens if I don't go to court and answer questions or take the documents to court?
- If the subpoena says you must go to court and give evidence and you don't go, then the court may order a warrant to arrest you and bring you to the court.
- If the subpoena says you must take documents to court and you don't take them or send them, then the court may order a warrant to arrest you and bring you to the court. If this happens the court will ask you for the documents.
- Remember to read the subpoena carefully to see what you must do. The subpoena will say what can happen if you don't do what you are supposed to do.
If you get a subpoena and you are unsure what you have to do, talk to a lawyer for legal advice. It is always best to bring the subpoena with you and talk to a lawyer face to face, so that the lawyer can see the subpoena.