Saturday, August 21, 2010

Can a witness be forced to appear in a Scottish Court in a civil case about damages against an employer?

You are only obliged to attend if served with a formal witness summons (you'll know it if you've got one).


Failure to comply with a witness summons leaves you open (theoretically) to a fine or even imprisonment.


Mind you, in 15 years, I've never seen anyone get fined in a civil case because they did not comply with a w/s.





You are entitled to apply to have the w/s set aside.





Aside from that, you are under no obligation to attend.Can a witness be forced to appear in a Scottish Court in a civil case about damages against an employer?
If the witness is within the jurisdiction of the court and is served with a subpoena, then the witness must appear in court. It is possible to file motions to quash the subpoena but this depends on the circumstances.





You should speak with a local attorney as to the specific civil procedure there.
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