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I have been asked to be a witness

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How can I be made to act as a witness of fact?

A party (or a party's solicitor) can ask the court to issue a Form N20 (witness summons).

Form N20 tells you that you must go to court to act as a witness and when and where to attend.

If you do not go when you are told, you will be in 'contempt of court' and could be fined up to £1,000.

If you receive a witness summons but you really cannot get to the hearing, you can apply to have the summons withdrawn.

Before you do this, contact the party (or the party's solicitor). They may be able to help with any difficulty you have.

If they cannot help, you must go to the court where the summons was issued as quickly as possible and ask to make an application. You may have to pay a fee.

You will be given an appointment to see a judge. The judge will listen to your reasons and any objections and decide if you should be excused from acting as a witness.

Think carefully before you make the application. If your application is unsuccessful you may have to pay the costs of the party who issued the witness summons.

You may still receive a witness summons even if you have not refused to be a witness. You can also ask to be sent one. You may find it helpful to have one, for example, to show to your employer when you ask for time off work to go to the hearing.

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This page was last updated on 25 January, 2006 . Web team.
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