If you have received a document telling you to attend court, it is likely a subpoena, sometimes called a summons to a witness. This page explains, in general terms, what a subpoena is, what it generally requires, and what to do if a genuine scheduling conflict arises. It is general information only and does not replace advice specific to your situation, including from the Crown attorney's office that issued the subpoena.
For the practical experience of testifying once you have been subpoenaed, see our page on testifying in court as a victim or witness.
What Is a Subpoena?
A subpoena is a legal document, issued by or on behalf of a court, requiring a person to attend at a specific date, time, and location to give evidence in a criminal proceeding. It is sometimes referred to as a summons to a witness. Under the Criminal Code, a subpoena can be issued where a person is likely to give material evidence in a case, and once properly served, it creates a legal obligation to attend.
Receiving a subpoena does not mean you have done anything wrong, and it is not a criminal charge against you. It generally means that the party who requested it, most often the Crown, believes your evidence is relevant to the case.
Why You Might Receive One
A victim or witness may be subpoenaed because they witnessed the events at issue, because they received a report about what happened, because they hold relevant records, or for many other reasons connected to a specific case. Being subpoenaed does not indicate how a case will turn out, nor does it require you to have a particular opinion about the outcome; your role as a witness is generally to answer questions truthfully about what you know.
What a Subpoena Generally Requires
A subpoena generally specifies the date, time, and courthouse where you are required to attend, and it may also list contact information for the Crown's office or the party who issued it. It is generally important to read the document carefully, since the requirement is to attend as specified, and in some cases to remain available until formally excused, which can mean being on call for more than a single court date if a trial runs over multiple days.
Some subpoenas are drafted broadly enough to require ongoing availability throughout a scheduled proceeding, rather than a single fixed appearance. If the wording is unclear, contacting the office listed on the document to confirm what is expected is generally the safest approach.
Being Served With a Subpoena
To be legally effective, a subpoena generally needs to be properly served on the witness, which typically means personally delivering it, though the specific rules can vary. Once you have been served, it is generally a good idea to keep the document somewhere safe and to note down the contact information for the Crown's office or issuing party in case questions or a conflict arise later.
Never simply skip a court date because you have been subpoenaed and something has come up. Contact the party who issued the subpoena, generally the Crown's office, as soon as possible to explain the situation.
Consequences of Not Complying
Failing to attend court after being properly served with a subpoena, without a lawful excuse, can have serious consequences. Under the Criminal Code, if a person who has been served with a subpoena does not attend or does not remain in attendance as required, a court can, in some circumstances, issue a warrant for that person's arrest to compel their attendance. This is sometimes referred to as a material witness warrant.
Beyond a possible warrant, non-compliance with a subpoena can also raise the possibility of contempt-of-court proceedings in certain situations. These are serious legal consequences, and they are generally why taking a subpoena seriously, and communicating early about any problem, matters so much.
If You Have a Genuine Scheduling Conflict
Life circumstances such as work obligations, travel, medical appointments, or family responsibilities can genuinely conflict with a court date listed on a subpoena. If this happens, the appropriate step is generally to contact the party who issued the subpoena, most often the Crown's office, as soon as possible, ideally well before the scheduled date, to explain the conflict and ask about the options.
Simply not showing up, even for a seemingly good reason, is generally not an acceptable substitute for raising the issue in advance. Courts and Crown offices generally have some ability to accommodate genuine conflicts when they are raised with enough notice, but they cannot do so if they only learn about a problem after the fact.
A victim/witness assistance program worker, where one is involved in a case, can also often help relay a scheduling concern to the Crown's office. See our overview of victim services in Ontario for more on this kind of support.
If the Court Date Changes
Trial schedules can change for reasons unrelated to any individual witness, including adjournments, changes to the order in which witnesses are called, or other scheduling matters within the court. Staying in contact with the Crown's office or a victim/witness assistance program in the lead-up to a scheduled court date can help you find out about any changes before arriving at the courthouse unnecessarily, or missing an updated date.
Witness Fees and Expenses
In some circumstances, witnesses attending court as a result of a subpoena may be eligible for witness fees or reimbursement of certain expenses, such as travel, though the specifics can depend on the type of proceeding and applicable rules. The Crown's office or court staff can generally explain whether this applies and how to claim it in a specific case, since the details are outside the scope of this general overview.
Frequently Asked Questions
Is a subpoena the same as being accused of a crime?
No. A subpoena is a requirement to attend court to give evidence, generally as a witness. It is not a criminal charge against the person who receives it.
What happens if I ignore a subpoena?
Ignoring a subpoena without a lawful excuse can lead to serious consequences, including the possibility of a warrant for your arrest to compel attendance. Contact the issuing party immediately if you cannot attend.
What if the court date on my subpoena conflicts with work or travel?
Contact the Crown's office listed on the subpoena as soon as possible to explain the conflict. Do this well before the court date rather than waiting until the last minute.
Can I refuse to testify after being subpoenaed?
Generally, no, not without a lawful excuse. If you have concerns about testifying, discuss them with the Crown's office or a victim/witness assistance program well in advance.
Do I need a lawyer because I received a subpoena?
Most witnesses do not need their own lawyer simply to comply with a subpoena, though a person with specific legal concerns about their own evidence may wish to seek independent advice.
Will I be paid for attending court as a witness?
Some witnesses may be eligible for witness fees or expense reimbursement depending on the circumstances. The Crown's office or court staff can explain what applies in a specific case.