Legal Question in Legal Ethics in Canada

Subpoenas

Hi. Just wondering if a subpoena can be accepted by anyone other than the actual party it is addressed to. What are the penalties involved if a person who appears on a subpoena does not show up for court?


Asked on 9/28/03, 7:36 pm

1 Answer from Attorneys

Johanne Amonson Johanne L Amonson, Q.C. Prof Corp

Re: Subpoenas

Unless the person is a minor I believe a subpoena must be delivered to the person named in the document ie. personally served. If you were not personally served and do not appear then the person serving you must produce evidence that you actually knew of the contents of the subpoena. If they can do that the Court may deem the service good and sufficient. If it it a criminal matter it is unlikely the Court will do that. If the matter in issue is a civil dispute the test of proof is not as high. I cannot say what the result might be.

Read more
Answered on 10/06/03, 8:14 pm


Related Questions & Answers

More Legal Ethics & Professional Responsibility questions and answers in Canada