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ATTENDANCE IN COURT

There are times when a person is required to appear in Court.  For example, a person may be called as a juror, have been charged with an offence, or have been subpoenaed as a witness.  Regardless of the reason, a request to appear in court is not something to take lightly.  This may seem like an obvious statement to those who are familiar with the legal system or work within it, but for those who have not had much experience or exposure to the system, the consequences of a missed court appearance may not be as obvious. 

There are some offences where a person can be charged without being arrested, for example mischief.  In that type of situation, the police officer may issue what is called an appearance notice.  An appearance notice states the name of the accused, sets out the substance of the offence alleged and requires the accused to attend court at a time and place stated in the notice.  If that individual does not appear in court as requested, the court may issue a warrant for that person’s arrest. 

If a person is subpoenaed to give evidence and they fail to attend, without lawful excuse, they are guilty of contempt of court.  The punishment for contempt is a fine not exceeding $100.00 or imprisonment for no longer than 90 days, or both.  In addition, if you know that you are going to be summoned to court, and you avoid service of the summons, it is possible for a warrant to be issued for your arrest to ensure your attendance in court. 

It is unwise to ignore any legal documents, but it is especially foolish to ignore a court order.  Some people think that if they have not been charged with an offence, they can just ignore requests for documents or information.  Perhaps some people feel that the situation will go away if they ignore it, however, this course of action will only make matters worse.  For example, in a situation of a divorce or separation, the parties are required to provide each other with financial information, so that the court may properly assess how property should be divided, or how much child or spousal support may be owed.  If this information is not provided within the time limit established by law, the party seeking the information can get a court order compelling the disclosure of the information.  If you ignore a court order, you risk having a warrant issued for your arrest, or having the Judge make any other order he or she deems appropriate in your absence.  For example, the Judge may set your income at any amount they choose, and it may be an amount significantly higher than what you actually make, resulting in high support payments. 

While most people do not enjoy having to go to court, it is very important to make sure that you are present, or at least represented on each occasion.  Your attendance helps avoid needless and costly delays, and the chance that the police will come knocking on your door.

By Gina Toni
February 2, 2005