2023년 7월 6일 목요일

What is witness summon in English civil litigation?

In English civil litigation, a witness summon is a legal document issued by a court that compels an individual to attend court and give evidence as a witness. It is also referred to as a witness subpoena in some jurisdictions. The purpose of a witness summon is to ensure that witnesses, who may have relevant information or knowledge about the case, are present in court to testify under oath. When a party in a civil case believes that a particular individual has information that is crucial to their case, they can apply to the court for a witness summon. The court will review the application and, if satisfied with the necessity and relevance of the witness's testimony, will issue the summon. A witness summon typically includes details such as the name of the court, the case number, the date and time of the court hearing, and the specific person being summoned as a witness. It informs the witness that their presence is required in court and provides instructions on how to comply with the summon. It is important to note that failing to comply with a witness summon without a valid reason can result in legal consequences, including being held in contempt of court. However, witnesses can also apply to the court to request exemption from attendance if they have legitimate grounds for not being able to testify, such as illness or other unavoidable circumstances. Overall, a witness summon is a legal mechanism used in English civil litigation to compel individuals to appear in court and provide testimony as witnesses in order to assist the court in determining the facts of a case.

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