Am I obligated to testify?


Questioner

On 12/31/2022 I received a call from a lawyer that I have to testify in an employment dispute. (old director <> new director) I have to respond within 7 days that I am coming otherwise they will come and get me and charge costs (it is on behalf of the court, the letter states) I have a course scheduled for that day and of course I have to take time off, travel expenses, etc. what are my rights and obligations? can i invoke my right to remain silent, do i have to come and if i have to come can i say that i want to be compensated? i have absolutely no desire to stand between these gentlemen and point... oh you this... and you that... In the meantime, I have been working somewhere else for 9 months. hopefully you can give me some peace of mind

Lawyer

In principle, you are required to appear if you have been summoned in the legally correct manner. Failure to do so may of course have adverse consequences. You may be liable for damages, among other things. I therefore advise you to respond to the letter in the manner indicated (in a timely manner). You are also required to testify, unless you have a 'right to refuse to testify'. This applies, for example, to a lawyer insofar as he would have to testify about his client. I do not assume that you have a right to refuse to testify. After the hearing of witnesses, the judge will ask whether you have incurred any costs. The summoning party may be required to pay those costs. I advise you to bring an overview of the costs you have incurred and also supporting documents to the hearing of witnesses. You will be sworn in by the judge prior to the hearing of witnesses, which means that you are required to testify truthfully. Otherwise, you will be committing a criminal offence.

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