Don't talk about your testimony with anyone until you testify. You can talk to other people about the case you have finished testifying, but if it is a jury trial you cannot speak to any member of the jury at any time. If anyone tries to get you to alter your testimony, tell the Crown attorney or the police right away. Harassing or attempting to influence a witness is a crime punishable by up to 10 years in jail. If you have additional questions about testifying in court as a witness or victim, you should contact victim services , or the office of the Public Prosecution Service of Canada.
Community Justice. Government of the Northwest Territories. Related Pages Victim services. Legislation of the Northwest Territories. A complete alphabetical listing of the consolidated territorial Acts and associated regulations.
Contact Us. To get answers, contact an experienced criminal defense attorney. The subpoena must be handed to the alleged victim personally.
Addressing the first question, the subpoena must be personally served on the alleged victim or witness to be legally issued and binding. The subpoena cannot be mailed. Nor can the subpoena be left on the door or mailbox. In some cases, the subpoena may be left with an adult member of the household. If the subpoena is not legally served on the alleged victim or witness, then there is no legally binding order for the person to appear in court. As such, there is no power of contempt in the court.
On the other hand, if the subpoena is properly served on the alleged victim or witness, then that person is obligated to go to court under the threat of contempt. With so much at stake, prosecutors will do everything they can to ensure victims and witnesses appear in court and accurately describe their experiences.
One common way prosecutors get witnesses to appear in court is by issuing a subpoena, a court order requiring a person to testify as a witness or produce documents that can be used as evidence of a crime. There are two types of subpoenas: Subpoena ad testificandum and subpoena duces tecum. In this case, we will focus on subpoena ad testificandum, a type of subpoena that requires a person to go to court and testify as a witness. With this in mind, if you received a subpoena to testify as a witness in court, or a subpoena ad testificandum , you are required by law to appear and testify.
This is a crime. A subpoena duces tecum can be used, however, to obtain evidence in the possession of a third party to the case, including a government agency not involved in the prosecution of the case. A summons is an official notice to appear in court which is provided to a party to the case, not a witness.
In a civil case, the summons is the notice of the lawsuit which is given to the person who is being sued. This gives the defendant the opportunity to appear in court and contest the claim. In a criminal case, an accused person can be released after the issuance of a summons given in lieu of an arrest by a warrant which requires the person be taken into custody. A speeding ticket is, formally, such a summons. You do not have the right to ignore a subpoena. If you are served a subpoena, begin by fully reading through the subpoena to make sure you understand what is required of you.
Do you need to appear in court to serve as a witness? Do you need to provide materials? Subpoena requests should be very specific. Immediately make note of the court date or filing deadline on your calendar.
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