2023년 7월 6일 목요일
How many days in advance should a witness summons must be served before the court date for English civil litigation?
According to the Civil Procedure Rules 1998, a witness summons must be served at least 7 days before the court date for English civil litigation. However, there is an exception to this rule if the court is satisfied that it is not practicable to serve the summons within 7 days. In such cases, the court may order that the summons be served at a later date.
Here are some of the factors that the court will consider when deciding whether it is practicable to serve a witness summons within 7 days:
The urgency of the case
The availability of the witness
The distance that the witness has to travel to attend court
The inconvenience that serving the summons within 7 days would cause to the witness
If you are served with a witness summons, you should check the date on the summons to see how many days in advance it was served. If you believe that the summons was not served within 7 days, you should contact the party who served the summons and ask them to explain why it was not served within the required time period. If you are not satisfied with their explanation, you may be able to apply to the court for an order that the summons be set aside.
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