What Happens If You Receive a Witness Summons?
A witness summons (witness subpoena) compels you to attend court and give evidence. Failure to comply is a serious matter. You have some limited grounds to object.
Quick Answer
A witness summons is a court order that requires you to attend court on a specified date to give evidence and/or produce documents. You must comply unless you have a legal ground to have it set aside. Failing to comply without excuse can lead to a fine or committal for contempt of court. If you have been served with a witness summons, seek legal advice promptly.
Full Explanation
A witness summons (in civil proceedings) is issued under CPR Rule 34.2 and compels an individual to: attend court to give oral evidence at a hearing; and/or produce documents or objects specified in the summons. In criminal proceedings, the equivalent is a witness summons under the Criminal Procedure (Attendance of Witnesses) Act 1965 or the Magistrates' Courts Act 1980.
A witness summons is obtained by a party to the proceedings and is issued by the court. It takes effect as a court order — failure to comply without lawful excuse is contempt of court and can result in a fine or committal to prison. The witness is entitled to be paid their reasonable travel costs and, in civil cases, a witness allowance (though in practice this often does not cover the full cost of attending).
Grounds to challenge a witness summons are limited. In civil cases, you can apply to set it aside under CPR Rule 34.3 if: the witness is not compellable (certain categories of person cannot be compelled, such as diplomats or certain royal household members); the summons was not properly served; the evidence sought is subject to legal professional privilege; or the witness cannot comply (e.g., the specified documents do not exist). The court can also set aside a summons if compliance would be oppressive — for example, where it is clear the summons is being used to harass rather than genuinely seek relevant evidence.
In criminal cases, a similar application can be made to the court to have the summons set aside, but the courts are generally reluctant to do so where the evidence is genuinely relevant and material to the case.
If you are a reluctant witness — you do not want to give evidence but have been summonsed — you must comply. If giving evidence would place you at serious risk (for example, witness intimidation concerns in serious criminal cases), you should immediately contact the police and seek legal advice about protective measures.
Legal Basis
- §Civil Procedure Rules, Rule 34 (witness summons in civil proceedings)
- §Criminal Procedure (Attendance of Witnesses) Act 1965 (Crown Court witnesses)
- §Magistrates' Courts Act 1980, section 97 (magistrates' court witnesses)
- §Contempt of Court Act 1981 (penalties for non-compliance)
What To Do
Check the Summons Is Valid
Confirm the summons has been properly issued by a court (it should have an official court seal) and properly served on you (in civil proceedings, personal service is required for a witness summons to be enforceable). Note the hearing date, time, court, and what you are required to bring.
Seek Legal Advice
Instruct a solicitor — particularly if you are reluctant to give evidence or believe the summons is oppressive or that any documents requested may be privileged or confidential. Your solicitor can advise on grounds to apply to set aside.
Apply to Set Aside if Grounds Exist
If you have grounds to challenge the summons (privilege, non-compellability, absence of the documents, oppressiveness), apply promptly to the court using Form N244 (civil) or a written application (criminal) for it to be set aside.
Comply if No Valid Grounds to Refuse
If there are no valid grounds to object, you must attend as directed. Arrange travel and time off work in advance. Claim your witness allowance and travel expenses from the party who issued the summons (or the court in criminal cases).
Prepare Your Evidence
If you are required to give oral evidence, prepare by refreshing your memory of relevant events using any notes or documents you created at the time. Be truthful — giving false evidence under oath is perjury, a serious criminal offence.
Important Warnings
Non-compliance with a witness summons is contempt of court and can result in a fine, imprisonment, or both — do not simply ignore it.
You cannot refuse to give evidence on the grounds that it might incriminate you in civil proceedings — but in criminal proceedings you have a limited right against self-incrimination that your solicitor can advise on.
If you are the subject of witness intimidation, report it to the police immediately — this is a criminal offence and the police can provide protective measures.