Civil cases sometimes turn on evidence from a person who is not a party, such as a former employee, a neighbour or a company holding relevant records, and that person may be reluctant to attend. A witness summons is the court order that can require it. This guide covers civil proceedings in the county court and High Court of England and Wales under Part 34 of the Civil Procedure Rules. Criminal courts use a different summons procedure, and Scotland and Northern Ireland have their own systems.
What a witness summons does
Rule 34.2 describes a witness summons as a document issued by the court requiring a witness to attend court to give evidence or to produce documents to the court. It can require both. Each witness needs a separate summons, and it must be in the prescribed practice form; HM Courts & Tribunals Service publishes this as form N20, described as the form used to issue someone with a witness summons to give evidence at a hearing about a claim and/or to give requested documents.
The rule also limits document requests. The only documents a summons can require a person to produce before a hearing are documents that the person could be required to produce at the hearing itself.
When and where it is issued
A summons is issued on the date the court enters on it, by the court where the case is proceeding or the court where the hearing will be held. Under rule 34.3, permission is needed to have a summons issued less than seven days before the trial, to require attendance or production on a date other than the trial date, or for any hearing other than the trial. The court can also set aside or vary a summons. Practice Direction 34A says two copies should be filed with the court for sealing.
Timing of service
The general rule in rule 34.5 is that a summons is binding if served at least seven days before the date the witness must attend, although the court can direct that a later-served summons is still binding. A summons that requires attendance to give evidence remains binding until the hearing at which the witness is needed has concluded.
Who serves it and what the witness is paid
The court serves the summons unless the party asking for it says in writing that they wish to serve it themselves (rule 34.6). At the time of service the witness must be offered or paid a sum reasonably sufficient to cover travel to and from court, plus compensation for loss of time (rule 34.7). Practice Direction 34A explains that where the court serves the summons the issuing party must deposit money with the court covering travel and any earnings or benefit lost, or a lesser sum if that is what the witness is shown to lose, and that the loss-of-time sum is based on the amounts payable to witnesses attending the Crown Court. A party who serves it personally must notify the court in writing and offer those sums at the time of service.
Ignoring a summons
Rule 34.7A refers to fines imposed under section 55 of the County Courts Act 1984 for failing to comply with an order. The rule says a person who can show a reason why they should not be, or should not have been, fined may be directed to give evidence by witness statement, affidavit or otherwise. Because rule 34.3(4) allows the court to set aside or vary a summons, a recipient with concerns about it can raise them with the court.
Depositions as an alternative
Where a witness cannot attend the hearing, rule 34.8 allows a party to apply for an order that a person be examined on oath before a judge, an examiner of the court or another person the court appoints, in advance of the hearing. That witness must likewise be offered travel expenses and compensation for loss of time.
FAQs
Which court issues the summons?
Under rule 34.3 it is issued by the court where the case is proceeding or the court where the hearing in question will be held.
Do I have to pay the witness?
The party issuing the summons must make sure the witness is offered travel expenses and compensation for loss of time when the summons is served.
What if the summons reaches me at short notice?
The general rule is that a summons is binding if served at least seven days beforehand, unless the court directs otherwise.
Can a summons ask for documents only?
Yes. Rule 34.2 lets a summons require production of documents without attendance to give evidence, subject to the limits on what can be required.
The bottom line
A witness summons is the civil courts’ way of compelling a non-party to give evidence or produce documents in England and Wales. It must be in the right form, issued by the right court, served at least seven days before attendance in the usual case, and accompanied by an offer of expenses and compensation for lost time. Anyone thinking of using one, or served with one, should read Part 34 and consider legal advice. This is general information, not legal advice.