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Civil law court case in Poland - can a witness be forced to attend?


lawquestion
17 Apr 2013 #1
Can a witness for a civil law court case in Poland be made to attend the case? If they don't turn up, would the police come for the and escort them or warn them?

This is for a civil matter, not criminal.

Thanks.
Olaf 6 | 956
17 Apr 2013 #2
Like in any other country - yes.
However there is a summon which is compulsory and there is a information letter that you can show up being involved somehow in the case. It is always written in the letter.

And if the summoned withess doesn't come and has no solid excuse then they can face a fine and be escorten by the police to the court.
OP lawquestion
17 Apr 2013 #3
Olaf, thanks.

For a civil case? - Well I am surprised.

In my home country, no witness can be forced to go to a civil case. If they don't turn up, nobody does anything, it's a civil case and the police have no say. In a criminal case if a witness is summoned to court, then yes. If a witness, plaintiff or defendant in a civil case does not turn up in my home country, the case defaults to a win for the side that did turn up most of the time.

If a defendant to a civil case in my country receives a summons and doesn't go to court, judgement will usually go against them, but nothing happens except a bailiff might try to take their things from their house. The police play no part in civil (non criminal) stuff there unless violence starts.
Polsyr 6 | 769
17 Apr 2013 #4
In my home country, no witness can be forced to go to a civil case

What is your home country? That is odd and unusual I think. In most countries, you are obligated by law to appear in court if you are called as a witness.
whyikit 6 | 102
17 Apr 2013 #5
I believe in the UK it depends who has asked you to court, and will also depend if you have given a sworn statement
Maybe 12 | 409
17 Apr 2013 #6
If it is a civil matter the police will not be involved.
Rysavy 10 | 308
17 Apr 2013 #7
I almost answered earlier ... for advice: It is best to simply contact whoever sent subpoena. Better to be safe than sorry.

In US it really does not matter if Civil or Criminal (Civil includes Family Law and TORT).
What matters is if it is legal summons and not just a notice for witness. Most civil cases do not send out subpoenas, only the witness notices. Jurors are summoned for full trials also. Here, if it is a subpoena? You are legally obligated.

There are ways to bow out. You can say -politely- you will not testify if you appear. Most attorneys won't want you if that is the case and it is as unimportant as you make it to be.

Legal excuses here from appearance incl poor transportation availability(cant pay your bus& taxi if they do not service area)-commutes over 500miles (tho they may offer to pay) and poor health (requires physician statement). You can ask on various reasons to simply provide a notorized affidavit and unless there is some special reason for your being there , that near always suffices.

Skipping can earn you- free dogwalk to court via baliff escort .Fines +/or jail time for contempt. Or worse...a bench warrant for the contempt that can snag you unawares years after the fact.

Plus -rarely- if your testimony is very close in to the event...a ***** summoner may very well just make you another defendant.
then you or a represntative will have to appear in order to insure a default against you doesn't happen.

I'm sure Poland probably has similar ways "out"

Source: ME. Paralegal assistant in Sonoma Co, CA, USA 90-93 I don't think there has been any sweeping change in that aspect of the law since I was familiar with it.

PS: the Barrister than came into our practice (I love that .'barrister" so dignified and trustworthy sounding >_<) didn't seem to comment on that aspect being unusual so I would have assumed it the same in UK.
OP lawquestion
17 Apr 2013 #8
My home country is England.

I have asked someone to come to a Polish court in a civil case. The court has sent a notice letter to them, not a subpoena. I am worried that they won't show up. In England, if you don't show up to a civil case, the police don't get you! I'm not sure they even get you if you don't turn up to a criminal case in England!
Olaf 6 | 956
18 Apr 2013 #9
Well then, if this person would have to come all the way to Poland for that - I doubt he or she would do that. And they are in the UK so such "invitations" from a foreign court are not binding. Personally if I had to translate the letter and then buy a ticket, take a personal day or two and get on a plane to come to some court hearing far away - well, I have far better things to do it. The court also would need a sworn court translator etc. and this is avoided if possible.


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