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What is a witness summons and how is it served?

The short answer

A witness summons is a court document requiring a person to attend a hearing to give evidence or produce documents. Under CPR Part 34 it is generally binding if served at least seven days before the hearing, and at the time of service the witness must be offered or paid a sum to cover travel to and from court and compensation for loss of time, known as conduct money.

The mechanics under CPR Part 34

The summons is issued by the court on form N20 and, unless the party asks to serve it themselves, the court will serve it. In practice parties frequently elect to arrange service, because a reluctant witness served personally by a professional, with conduct money tendered on the doorstep and a statement of service to prove it, leaves no room for a later claim that the summons never arrived. Where less than seven days remain before the hearing, the court’s permission is needed for the summons to be binding.

Why conduct money is not optional

Offering conduct money at the time of service is a condition of the summons binding the witness: reasonable travel expenses plus compensation for loss of time, at the rates applied by the courts. A summons served without it gives the witness a ready answer to any enforcement step. Professional servers carry and record the tender as part of the service evidence.

Reluctant and evasive witnesses

The witnesses who matter most are often the least keen to be found. Tracing a current address, choosing the time and place of service carefully, and effecting calm personal service is standard work for our servers, and the resulting evidence supports the court’s powers if the witness still fails to attend. Instruct early: a summons served on day six of seven helps nobody.

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    This page provides general information about the law and practice in England and Wales and is not legal advice. Rules change and individual circumstances vary; always take advice from a solicitor on your specific situation. Prices shown are indicative, exclusive of VAT and confirmed in writing before any work begins.