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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To say I can't attend court as a witness

38 replies

42isthemeaning · 18/06/2017 22:13

If we've pre-booked and paid for a family holiday? It's going to coincide with the trial.

OP posts:
Ionacat · 18/06/2017 22:53

I gave evidence in a criminal trial and couldn't do the date they called me due a big event that couldn't be moved. I rang them up and they changed my evidence date without a problem.

42isthemeaning · 18/06/2017 22:57

Thank you Laura. Yes I meant wibu to ask if my holiday dates can be taken into account.

OP posts:
HoldBackTheRain · 18/06/2017 23:00

I think if you tell them you have a holiday booked they can look at changing the trial. Currently going through something similar (not me, someone i work with). She's the witness in a retrial and just found out it's been put back again because one of the other witnesses is unable to make the date of the next trial. So good luck! I'm sure they can change it - of not, hopefully your insurance will cover it.

Vanillaradio · 18/06/2017 23:08

Tell witness care asap, preferably tomorrow and provide written proof of your booking. If you are a vital witness an adjournment can be applied for. This will then be down to the court to decide, mostly they are reasonable but sometimes not.

LauraMipsum · 18/06/2017 23:12

Yes I meant wibu to ask if my holiday dates can be taken into account.

Not U at all - and the courts usually do their best to accommodate (unless someone says at 5pm on Friday that they can't turn up to court at 10am Monday). Call the court tomorrow and ask for witness support or the list office, they might ask you for proof of booking and they might ask if you are willing to attend if it's rearranged (to save the on holiday / broken ankle / elderly parent / child is ill / I'm ill rotation of excuses for someone who didn't intend to come along in the first place), but they're generally pretty good.

42isthemeaning · 18/06/2017 23:22

Does witness care exist in Scotland?

OP posts:
PacificDogwod · 19/06/2017 07:35

Info for witnesses in Scottish Courts

MacarenaFerreiro · 19/06/2017 08:17

I was called as a witness in a case years ago and it clashed with my Finals at Uni. I spoke to someone in the Procurator Fiscal's office and they were really helpful - eventually I was excused from appearing as my evidence was a very minor part of the case and the PF felt I wouldn't make any difference to the outcome.

It really all depends on how important your evidence is.

x2boys · 19/06/2017 08:45

i was a witness last year several months prior to trial i was sent a letter asking to send any details of a prebooked holiday ours was only supposed to be a short trial [a few days] and it was resolved on the first day of the trial anyway so it didnt actually go to trial.

Oysterbabe · 19/06/2017 09:01

It is a civil or criminal matter? How soon is the trial? I work in civil litigation and if an important witness can't make it I will apply to adjourn. However I would also have asked for their availability before it was listed.

MatildaTheCat · 19/06/2017 09:12

I was recently involved in a high court case with several key witnesses. It lasted over the course of three weeks. The judge was extremely accommodating about witnesses appearing when they were able to ( or not, most were doctors). They were scheduled into slots when they were free.

If you cannot attend at all then that may be problematic. Speak to the relevant people ASAP.

42isthemeaning · 19/06/2017 22:41

Thanks for the link Pacific. I've sent off copies of my booking confirmations, stating that I would be able to attend out with my holiday dates. Thank you everyone.

OP posts:
lalalalyra · 19/06/2017 22:46

*Some courts will let you postpone to another time/another case for very little, and other won't let you even if it's something quite important.

Each court is different. You need to phone the court and ask if you can be deferred for another time/another case.*

That's Jury Duty. Witnesses aren't transferrable between cases.

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