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Receiving a Summons to a Witness, subpoena or an order to attend court

You may have to produce documents or attend court to give evidence if you have received a Summons to a Witness, a subpoena, an order to attend court or an order to produce documents.

About Summons to a Witness, a subpoena, an order to attend court and an order to produce documents

A Summons to a Witness is a court order issued to a witness requiring them to attend court on a specified date and time to give oral evidence (testify) in relation to a criminal case.

A subpoena, an order to attend court and an order to produce documents, are court orders issued to a witness in a civil case or family case. The court order may require a witness to do the following:

Attend court to testify.
Produce documents without the obligation to attend court personally.
Attend court to testify and produce documents.

In general, you may receive a Summons to a Witness, a subpoena, an order to attend court and an order to produce documents if a party believes that you may have information that is relevant to their case and that the court should hear.

Refer to the following to find out:

What it contains

A Summons to a Witness, a subpoena, an order to attend court and an order to produce documents may contain the following information:

Dates, times and locations to report to.
Instructions to bring specific documents to the court hearing, if applicable.
Additionally:
- (For a Summons to a Witness) The name of the accused and details of the offence (Sample of a Summons to a Witness for a criminal case (PDF, 101 KB)).
- (For a subpoena, an order to attend court and an order to produce documents) The mode and purpose of attendance.

Attendance is compulsory

You must not ignore a Summons to a Witness, a subpoena, an order to attend court or an order to produce documents. If you are required to attend court, it is compulsory for you to do so on the days and times mentioned.

If you fail to attend court for criminal proceedings without valid reasons, a Warrant of Arrest may be issued against you.

If you fail to attend court for civil or family proceedings without valid reasons when required, your Affidavits of Evidence-in-Chief (AEICs) may be rejected by the court.

If a child has to attend court

A child may be required to attend court to give evidence as a witness. If you are the parent or guardian of a child witness, you may refer to Prepare a child to attend court.

Before your court hearing

If you are required to attend court, you should settle the following matters before your court hearing.

If you are...	You should...
Unsure about what will happen in court	Wait for the party who issued the Summons to a Witness, subpoena, order to attend court or order to produce documents to contact and discuss details of the case with you. You should find out the type of questions you may be asked, what information you need to provide and where the hearings will be held.
Uncomfortable speaking in English	Speak to the party who issued the Summons to a Witness, subpoena, order to attend court or order to produce documents to arrange for an interpreter to be present on your hearing day.
Afraid to give evidence in court	Speak to the party who issued the Summons to a Witness, subpoena, order to attend court or order to produce documents to refer you for support programmes for witnesses, if applicable.
Unable to take time off work to attend court	Provide your employer with a copy of the Summons to a Witness, subpoena, order to attend court or order to provide documents. Explain you have to comply. If you have to attend court for more than one day and need to make plans in advance, speak to the party who issued the Summons to a Witness, subpoena, order to attend court or order to produce documents to find out how much time will be required from you.
Unable to attend court on any or all of the dates specified in the Summons to a Witness, subpoena or a court order	Inform the party who issued the Summons to a Witness, subpoena, order to attend court or order to produce documents as soon as possible. This allows them to explain your absence to the court. If you are ill on the day you have to attend court, you will need a special medical certificate from a doctor that excuses you from attending court.

Resources

Refer to:

For Supreme Court:
- Paragraph 76 of the Supreme Court Practice Directions 2021 for witnesses.
For State Courts:
- Paragraph 58 of the State Courts Practice Directions 2021 for witnesses.
- Paragraph 115 of the State Courts Practice Directions 2021 for witnesses (including the accused person) giving evidence through live video or television link in criminal matters.
For Family Justice Courts:
- For filings commenced on or after 15 October 2024:
  - Part 13D of the Family Justice Courts Practice Directions 2024 for witnesses.
- For filings commenced before 15 October 2024, refer to:
  - Paragraph 108 of the Family Justice Courts Practice Directions 2015 for witnesses.