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Getting Witnesses to Appear

If there are any witnesses that you think may not appear voluntarily to testify in your case you need to serve them with a subpoena. If you do not take this step the court could refuse to adjourn the case because your witness is not there.

Before you issue a subpoena you need to complete a praecipe using Form 9-7 of the Queen’s Bench Forms and file it with the court. On this form you state whether you want a subpoena ad testificandum or a subpoena duces tecum. A subpoena ad testificandum is used if you need the witness to appear and give testimony and subpoena duces tecum is used if you need the witness to testify and bring certain documents. After you have filed the praecipe you fill out Form 9-8A, for a subpoena ad testificandum, or Form 9-8B, for a subpoena duces tecum, and bring it to the court to be issued.

Witnesses may testify by phone if the parties consent or the court orders that they can testify by phone.

The issued subpoena and a witness fee must be served on the witness in-person. The amount of the witness fee is set out in the Tariff of Costs. A witness who is not a professional or a consultant is currently entitled to $50 per day or part of the day they attend. If the witness has to travel they are also entitled to expenses for travel, accommodation and meals at the rate that is approved for members of the Public Service.

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