TO SUBPOENA A WITNESS
Rule 10(1) Step 1
COMPLETE the SUBPOENA. Use a typewriter or print clearly and rmly.
Step 2
SERVE the witness with the subpoena at least 7 days before the court date (unless a judge has ordered otherwise). The purpose of service is to make sure the witness knows that he or she is required to come to court. When you serve the subpoena, you must offer the witness the sum shown on your subpoena as the amount of 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 him or her. Tell the witness that he or she has been served, then leave. NOTE: It is unnecessary to le the subpoena with the court registry before you serve it, and if the witness appears on the hearing date, it never has to be led.
Step 3
The witness must appear on the date set unless a judge, on application by the witness, has cancelled the subpoena. If a witness does not appear 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 travelling expenses were offered to the witness. To do this, you will need to FILE an AFFIDAVIT OF PERSONAL SERVICE. The form is printed on the back of the partys copy / proof of service copy of the subpoena. If you served the subpoena by dropping it in front of the witness, write these words on the affidavit: The witness named on this subpoena refused service, and I dropped the subpoena in front of (name of witness).
PFA 058a 01/2007 Form 15 (OPC 7530854051)
Court File Number:
Copy the court le number, FMEP number (if any) and the court location from the application.
Case Name:
Copy the parties names from the application.
Address of person being subpoenaed.
Record your name in this space
How to Complete this Form
When is the witness required? Where is the court located?
If you want the witness to bring any documents or other things, list them here so the witness will know what is required.
Information for the witness
You must offer reasonable travelling expenses to a witness, especially if the witness is travelling from out of town.
Sign and date your subpoena.
SUBPOENA
In the Provincial Court of British Columbia
Court File Number:
FMEP Number:
Court Location:
SUBPOENA
Case name
as it appears on the application.
In the case between:
NAME
And:
NAME
To:
Address of person being subpoenaed.
NAME ADDRESS PROVINCE POSTAL CODE CITY PHONE FAX
(WITNESS)
You have been subpoenaed as a witness by and must appear in court When is the
witness required?
NAME
on at
DATE
at
TIME
Where is the court
located?
COURT LOCATION
You must bring the following records and other things to court:
Information for
the witness.
What happens if you do not attend? A judge may issue a warrant for your arrest. Can the subpoena be cancelled? If you believe that you are not needed as a witness or if it would be a hardship for you to attend court, you may apply to a judge, at least 2 full days before the court date, to cancel the subpoena. The amount of $ the court. is attached for use as travelling expenses to enable you to come to
Money for travelling expenses was offered but declined.
DATE
Dated
Signature of a person issuing subpoena
PFA 058a 01/2007 Form 15 (OPC 7530854051)
1-WITNESS
2-PARTY / PROOF OF SERVICE
Complete this afdavit if personal service was successful. If you served the subpoena on the back of this page together with another document(s), you need to complete only one afdavit of personal service, listing all documents served on the person named. Check box(es) for each document served, and name the document. Make sure you mark each attached document with the correct Exhibit letter. If you must make a correction, or cross anything out, please initial.
AFFIDAVIT OF PERSONAL SERVICE (FORM 5)
I swear or afrm that I of on
ADDRESS NAME OCCUPATION
personally served at
ADDRESS
NAME OF PERSON SERVED
DATE
with a copy of the following documents: the subpoena on the back of this page EXHIBIT "__" EXHIBIT "__" EXHIBIT "__" EXHIBIT "__" The party was identied to me in this manner: I know the person He/she admitted to being this person. Other (specify)
Sworn or afrmed before me at on
DATE
This section must be sworn or afrmed before a Commissioner for Taking Afdavits.
British Columbia
Signature
A Commissioner for Taking Afdavits for British Columbia PFA 058a 01/2007 Form 15 (OPC 7530854051)
