Are you obliged to appear as a witness when summoned by a lawyer?


Questioner

I received a summons for witness testimony from a lawyer by letter two weeks ago for a civil lawsuit. (so not from a judge) To what extent am I obliged to show up? This also concerns a court 2.5 hours drive from where I live. I immediately submitted a request by email to this lawyer to have my hearing conducted at the nearest court in my place of residence. After several emails, this lawyer does not respond. I would like to know what my rights and obligations are.

Lawyer

If you are summoned by subpoena or registered letter, you are obliged to appear. Art. 165 Rv: 'Everyone who is legally summoned is obliged to give evidence.' This is not the case with a non-registered letter. It is useful to find out what is going on. But as you indicate, you do not get a response from the lawyer. If the attorney does not respond, I advise you to send another request, this time to the attorney and to the court at the same time. If you attach copies of your previous communications, the judge can see that there is no response. Ultimately, it is the judge who decides whether your request is approved. See also: https://www.rechtspraak.nl/Naar-de-rechter/rol-in-rechtszaak/Paginas/getuige-in-een-rechtszaak.aspx Please feel free to contact me via my profile if you have any questions or require assistance.

Take the next step

Don't keep questions about your situation to yourself. Ask your question and get a personal answer from an experienced lawyer.
Privacy is guaranteed .