TO SUBPOENA A WITNESS
Rule 3 (1)
Step 1
COMPLETE the SUBPOENA. To complete the form, type or print clearly
and firmly as there are 4 copies and they must be readable.
Step 2
SERVE the witness with the subpoena at least 7 days before the
witness is required to appear (unless a Judge has ordered otherwise).
The purpose of service is to make sure the witness knows about the
requirement to come to court. You do not have to file the subpoena with
the court before serving it.
When you serve the subpoena, you must provide the witness with the
sum shown on your subpoena as the amount of reasonable estimated
travelling expenses to enable the witness to come to court.
If the witness refuses to accept the subpoena, simply drop the subpoena
in front of them. Tell the witness that they have been served, then leave.
The witness must appear on the date set and in the method indicated
unless a Judge, on application by the witness, has cancelled or varied
the subpoena. If a witness does not attend and you still require that
witness’ evidence, the Judge may issue a warrant for the arrest of
the witness, but you must prove that the witness was served and that
reasonable expenses were offered to the witness. To do this, you will
need to file with the court registry a CERTIFICATE OF SERVICE
(Form 9), with an attached copy of the subpoena served.
PFA 896 04/2024
Prov Ct (CFCSA) Rules
Form 4
COURT FILE NUMBER:
Copy the court file number and the court location from the application.
THE PARENT(S)/GUARDIAN(S)
How to complete this form
The parent(s)/guardian(s) name(s) will appear on the court list posted in the courthouse on the date when
the application is heard.
SUBPOENAED BY:
Print your name, address and email, if applicable, here to show the witness who is requiring their atten-
dance.
If you want the witness to bring or submit specific records or documents, list them here so the
witness will know what is required.
If the court has ordered that the witness may attend by another method of attendance, you must
include how the court ordered the witness to submit the documents.
The amount you provide for traveling expenses must be enough to enable the witness to get to
court. The money must be delivered with the summons.
SUBPOENA REGISTRY FILE NUMBER
Form 4
REGISTRY LOCATION
In the Provincial Court of British Columbia
Under the Child, Family and Community Service Act
THE CHILD(REN): In the matter of the child(ren):
This is the name
Name(s) Date(s) of Birth (mm/dd/yyyy)
and birthdate of
each child involved.
THE PARENT(S)/
GUARDIAN(S):
This is the name(s) The parent(s)/guardian(s) of the child(ren) is/are:
of the parent(s)/ Name(s)
guardian(s) of
the children listed
above.
NOTICE TO: To:
This is the name, Name
address (and
phone, fax number Address City B.C.
and email address Postal Code Phone Fax Email
if applicable) of the
witness you are
requiring to attend You have been subpoenaed as a witness by
court.
and you must appear in court
COURT DATE: On:
This is the date, Date Time
time and method of at am pm
attendance for the
Address City Postal Code
hearing. at: B.C.
in person at
court location
by another method The registry will send within 24 hours before the hearing date noted above the link to connect by MS Teams, including a dial in
of attendance, as conferencing number to be used by any party that is unable to use MS Teams or has problems with their video connection. If
you have not provided your email address or telephone number to the registry on your Notice / Address for Service (Form 8),
specified you must contact the registry to obtain the telephone conference or MS Teams conference information.
RECORDS TO You must bring the following records and other things to court:
BRING:
If you want the
witness to bring or
submit to court any
records or other things
list them here.
If the court made an
order that the witness
attend in a way other
than in person, include
the terms of the order
made by the judge.
What happens if you do not attend?
A judge may issue a warrant for your arrest.
CANCELLING A
SUBPOENA: Can the subpoena be cancelled?
Rule 3(4) tells how If you believe that you are not needed as a witness or it would be a hardship for you to attend court,
a subpoena may be
cancelled. you may ask a judge to cancel the subpoena. You may also apply to a judge to change your method of
attendance from what is listed on the summons.
TRAVELLING
EXPENSES:
You must provide $ is attached for reasonable expenses related to the method of your attendance at court.
the witness with
expenses related
to their method of
attendance at court.
Date Signature of person issuing subpoena
PFA 896 04/2024
Prov Ct (CFCSA) Rules
Form 4
1-COURT FILE 2-PARTY 3-WITNESS 4-PROOF OF SERVICE
IMPORTANT INFORMATION ABOUT YOUR HEARING
What do parties need to know about attending by another method of attendance?
If your notice indicates that you are to attend by another method of attendance, parties, including the judge, will attend
using the Microsoft Teams audio- and video-conferencing (video) platform. Do not attend the courthouse in person.
Parties will receive remote appearance details within 24 hours prior to the appearance, this notification is sent to you
by email. If you are unsure if your email address is current contact your local registry or complete and file Form 8,
Notice of Address for Service including your most recent information.
Microsoft Teams allows participants to join the conference using video or audio from a desktop, laptop, tablet, or
smartphone, or to dial-in to a proceeding from a telephone. If you are appearing by video, please ensure that you
have downloaded Microsoft Teams or have the latest version of Google Chrome or Microsoft Edge.
If you received this Notice by mail and intend to appear using video or audio from a desktop, laptop, tablet, or
smartphone, and you did not provide an email address for service, please file an Notice of Address for Service
(CFCSA Form 8), with the court registry that includes your email address and the court registry will send you the MS
Teams meeting invite within 24 hours prior to your appearance.
The link and dial up information may be shared with your lawyer if you have retained counsel; and with your client if
you are counsel.
Please do not forward or share the MS Teams link or dial up information to any unauthorized parties.
Legal Aid BC - Family Law Legal Advice
If you do not have a lawyer for your family law matter, visit legalaid.bc.ca/family-court-notices to find out about free in
person and remote legal advice services that you may be eligible for that can help you prepare for your court date.
Contact the advice services at least three weeks before your court date or as soon as you receive this notice.
If you are unable to access the internet, contact the Family Law LINE at 604-408-2172 in Greater Vancouver or
1-866-577-2525 elsewhere in BC.
Interpreter
The court provides interpreters for family proceedings in provincial court. If you require an interpreter, please advise
the registry as soon as possible. This link includes all court locations (address and phone numbers): https://
www2.gov.bc.ca/gov/content/justice/courthouse-services/courthouse-locations
Before the scheduled hearing date, please visit the Provincial Court website at https://www.provincialcourt.bc.ca
and review:
• Policy on Use of Electronic Devices in Courtrooms and Access to Court Proceedings Policy (there is a general
prohibition on the recording or broadcasting of court proceedings unless authorized by the Court and there are
penalties for breach)
• NP 21 Remote Attendance in the Provincial Court (for etiquette and directions on connecting by another method
of attendance) (counsel attendance requirements when attending Family matters remotely)
• NP 24 Form of Address for Parties and Lawyers (provide the judge or justice with each person’s name, title (e.g.
“Mr./ Ms./Mx./Counsel Jones”) and pronouns to be used in the proceeding)
• eNews - What to expect at a family management conference?
If you are unable to dial-in or are dropped from the appearance immediately call the court registry.
