A witness is a person who can provide new information about a case during a preliminary investigation or trial. This information should be documented in accordance with the requirements of the law. As a rule, it is the party whose motion is required to summon witnesses to the court.
Instructions
Step 1
Witnesses are summoned to court on a special document - a summons. The court must be notified of the summons of the witness in the form of a petition. A petition to summon a witness must be drawn up in writing, it must indicate the place of residence of the witness, his personal data, what circumstances he can clarify or confirm in court.
Step 2
If you are sending a petition to summon a witness by mail, you must make an inventory of the document, seal it in an envelope and send it by registered mail with notice. This way you can be sure that the petition has been delivered to the court.
Step 3
You can file a petition with the court yourself. Bring the document to court in duplicate. Give one of them to the office, where it will be registered and assigned an individual number, in addition, on the second copy you will receive the date of receipt of the document and duplicate its number. The signature of the person who accepted the application will be placed below.
Step 4
In the court session, the presiding judge at the very beginning necessarily hears all the petitions of the persons participating in the process. A statement to summon a witness must be written, in this case it is better to prepare it in advance in two copies. It is better to prepare a document according to the number of persons involved in the process.
Step 5
If a witness, for various reasons, cannot appear in court to testify, it is possible to apply for his interrogation remotely. The witness can be questioned at the place of residence, using visual communication programs (Skype) in the courtroom.
Step 6
The secretary of the court session writes out the summons to the witness. The document indicates the place of residence of the witness, his personal data, the number of the case in which he must appear in court to testify and the time of the beginning of the hearing.
Step 7
The summons can be delivered in person, or with the help of the post office. In this case, it is necessary to send the summons in the form of a certified letter. The postman, having delivered the document, will take a receipt on the delivery of the summons or on the refusal to accept it. In addition, in the absence of the addressee at home, this will also be recorded in the notification. It is allowed to send a letter with a summons also to the place of work of the witness, in this case the chance that the document will reach the addressee increases.
Step 8
The summons is personally handed over exclusively against the signature of the person to whom it is intended. A witness in a civil procedure cannot be forced to appear in court; his appearance at a court jam must be voluntary. In criminal proceedings, the delivery of a witness to the court is mandatory.
