{"id":173684,"date":"2022-08-05T03:47:17","date_gmt":"2022-08-05T02:47:17","guid":{"rendered":"https:\/\/legalvision.co.uk\/?p=173684"},"modified":"2026-03-30T06:15:18","modified_gmt":"2026-03-30T05:15:18","slug":"witness-summons-subpoena","status":"publish","type":"post","link":"https:\/\/legalvision.co.uk\/disputes-litigation\/witness-summons-subpoena\/","title":{"rendered":"What is a Witness Summons or Subpoena in England?"},"content":{"rendered":"\n

A witness summons, sometimes called a subpoena, is a court order<\/a> requiring a person to attend court or produce documents as evidence in a legal dispute. For your business, it is a powerful tool to secure critical evidence, but it also creates strict legal obligations, as failure to comply can result in penalties and procedural consequences. You must use it strategically and ensure compliance if served. This article explains what a witness summons is, when it can be used and how it operates in England and Wales.<\/p>\n\n\n\n

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To avoid lengthy and expensive disputes<\/a>, it\u2019s important to have up-to-date legal contracts in place. Our contract lawyers can review and update your contracts to ensure your business is protected. Book a complimentary consultation today by filling out the form on this page.<\/p>\n<\/div>\n\n\n\n

What is a Subpoena?<\/h2>\n\n\n\n

A subpoena is issued when a court requires a person to submit oral evidence as part of a trial. Failure to provide the evidence can result in a penalty to the summoned individual. In fact, the word ‘subpoena’ means ‘under penalty.\u2019 <\/p>\n\n\n\n

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The English legal system currently prefers the term \u2018witness summons\u2019 over \u2018subpoena.\u2019 However, many people still recognise the meaning of a witness summons through the word ‘subpoena’.<\/p>\n<\/div>\n\n\n\n

How Would I Summon a Witness Normally?<\/h2>\n\n\n\n

Normally, witness summons are used in criminal proceedings. A witness supporting the prosecution’s argument will be the prosecution’s responsibility. This means that the prosecution will have to ensure that their witness turns up in court. Similarly, a defence team will have to make sure that their defence witness turns up in court.<\/p>\n\n\n\n

However, if the witness refuses to turn up to court for whatever reason, you may consider applying for a witness summons. First, it is a good idea to speak to witnesses and get information about their reasons for not attending court. <\/p>\n\n\n\n

If the witness is worried about turning up to legal proceedings because of their own fear or anxiety, you can apply for ‘special measures’ at the court. This involves the court providing alternative ways to hear the witness\u2019s testimony, such as via video link. <\/p>\n\n\n\n

However, if this does not work, you may consider applying for a witness summons. This can help the requesting party to make the witness give a testimony in court where they physically appear. <\/p>\n\n\n

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