I’ve been Subpoenaed !
What is a Subpoena?
A subpoena is issued by the Court at the request of parties in civil proceedings to compel a person to attend Court as a witness. Here, the witness will be required to testify or to produce certain documents which are relevant to the proceedings.
Types of Subpoenas
With the recent amendments to the Rules of Court 2012, the names of the Writ of Subpoenas are known as a
- Subpoena to Testify
- Subpoena to Produce Document
- Subpoena to Testify and Produce Document
Service of a Subpoena
Each and every Writ of Subpoena must be served personally on the recipient within 12 weeks of it being issued. Once a subpoena is properly served, the subpoena has full effect until the conclusion of the trial, at which, the witness’ attendance is required unless the witness is released sooner.
Do you have to accept a subpoena?
Yes. If a subpoena is properly addressed to you and you are the person named in the said subpoena, then you have to accept the said subpoena. It is important for you to check the name on the subpoena in order for you to confirm that you have been correctly named in the subpoena.
What do you do when you receive a subpoena?
- You need to identify the type of subpoena served on you
- You will need to determine the date and time in order to comply with the subpoena. This is to ensure that you have enough time to produce the required documents and/or attend Court on the trial date.
- You should confirm with the relevant lawyer on the cost or payment that you are entitled to receive for complying with the subpoena.
What happens if you don’t abide by the subpoena?
If you do not attend Court after being served with a subpoena, the Court may issue a warrant of arrest against you.
Setting Aside the subpoena.
A subpoena may be issued against anyone including a minister. However, the Court will prevent the use of its practices and processes which includes subpoena if it is misconceived or not for purposes of justice.
Subpoenas can be set aside by applying to the Court which involves filing a notice of application supported by an affidavit. Once an application to set aside is made, the burden falls on the party who requested for the issue of the subpoena to justify the subpoena.
