A party offering affidavits executed by his witnesses must always anticipate that the opposing party would want to cross-examine these witnesses. The opposing party must formally inform the other party of their intention to cross examine the witness. It is then the responsibility of the person offering the affidavit of the witness to ensure that his witness goes to court at the appointed time and date.

Sometimes a subpoena is necessary to compel a witness to testify in court. Usually, subpoenas are also issued to expert witnesses or witnesses who belong to organizations. These types of witnesses need a subpoena which basically orders them to provide information in court. Normally, a person is reluctant to become a witness for fear of being penalized for unlawful disclosure of information, especially if the information sought is confidential in nature. The subpoena serves as a protection. It is also a way for witnesses to recover from the party the costs for going to court.

A subpoena must be served on the witness ahead of time so that he has enough time to prepare for his appearance and testimony in court.

This article provides basic information only and is not a substitute for legal or other professional advice. If you are likely to be involved in court proceedings or legal action, you should get advice from a lawyer.

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