Subpoena / Summons

  1. Definition:
    • A written document issued and signed by the Court in duplicate.
    • Served on a witness under penalty, requiring them to give evidence on a specific day and time.
  2. Service:
    • Served on the witness by a police officer or other public servant.
    • May also be sent by registered post.
  3. Witness Responsibilities:
    • Apart from giving evidence, the witness should produce documents if requested.
  4. Consequences for Non-Attendance:
    • In civil cases, failure to attend the Court results in liability to pay damages.
    • In criminal cases, it may lead to a fine or imprisonment.
  5. Excusal from Attendance:
    • A witness can be excused from attending the court if they have a valid and urgent reason.
  6. Priority of Courts:
    • Criminal Courts take priority over Civil Courts.
    • Higher Courts have priority over lower ones.
  7. Handling Multiple Summons:
    • If summoned from two courts of the same status, attend the court from where the summons was received first, informing the other court about it.