What to Expect if You Have Been Given a Subpoena

With there being an average of 240,000 criminal cases each year in Ontario, the likelihood of a person getting subpoenaed can be high. A sheriff will come to your home or workplace to give you a summons. If you have never been given a subpoena before, it can be a scary and intimidating process. 

Subpoenas are a necessary part of the discovery phase of a criminal case. If you have recently been subpoenaed, there is no need to stress. Our guide will go over how subpoenas in Ontario work and the steps you need to take after receiving one. 

What Is a Subpoena?

During a court case, a victim or witness's testimony is vital. The person can either be the victim of a crime or the person who has witnessed the crime. A witness can get ordered to attend court, or otherwise known as subpoenaed. 

Witnesses will then get asked questions about what they witnessed during court proceedings. The information they provide is called testimony. Their testimony is then used as evidence in the hearing of the alleged crime. 

There are different types of subpoenas. The most common one is calling a witness to testify. Sometimes all you need to do is provide documents. 

What Do I Do if I've Received a Subpoena?

If you witnessed or were a victim of a crime, you might receive a subpoena. This subpoena will tell you who is requesting your presence at court and when and where you need to attend.

Typically, the defence lawyer or Crown prosecutor will speak to you beforehand to learn what you know about the case. During this stage, you do not have to answer their questions. However, if you have received a subpoena, you are legally required to show up to court. 

If you have received a subpoena, you should arrange with your workplace to have the time off. 

Keep in mind that your employer cannot penalize or fire you for requesting time off. They also cannot refuse to give you the time off and are not obligated to pay you. 

Legal proceedings can take anywhere from several hours to a few days, so it is difficult to determine ahead of time how long you will have to be in court. You also might have to appear in court a few times and must be available until the judge says you can leave. 

If you do not appear in court after getting subpoenaed, the judge can hold you in contempt in court. If you are found in contempt, they may issue a warrant for your arrest. 

What Happens When You Appear in Court

When you arrive at court at the time and date specified in the document, you will need to bring the subpoena with you. You should also bring any other items or documents that are outlined in the subpoena. The police or lawyers may ask you to bring different items or documents as well. 

If you are requested to bring documents, make copies of them beforehand as you may not get the originals back for a long time. 

As the trial starts, you will likely have to stay outside of the courtroom until they are ready for you to testify. This is usually done if the judge has concerns that by you hearing other people's testimony you could change your own. 

Sometimes you may have to wait with the accused and other witnesses. There will be court officers available to provide security for everyone. 

What to Do When You Testify

When it is your turn to testify, you will move to the front of the courtroom. The court clerk will then have you swear to tell the truth. You are then under an oath that you will not lie when testifying. 

Lying while under oath is called perjury. This is a crime that is it punishable by serving jail time or with a fine. If you say something in error, let the lawyer who subpoenaed you know, so they can ensure the error is corrected in court. 

Both lawyers will start by asking you simple questions. This will help them figure out what you know about the crime. Ensure that all your answers are what you heard and saw, not what you think happened. 

Do not give any opinions on the matter unless you are asked by one of the lawyers. Testifying in court can be difficult. The person who is accused is often in front of you while you are being asked uncomfortable questions. 

Do not discuss your testimony with anyone until after you testify. If it is a jury trial, you cannot speak to anyone on the jury. However, you can talk to other people about the case. 

FAQs About Subpoenas

Below are some frequently asked questions about subpoenas. 

Can I Lie During My Testimony?

No. Lying while you are under oath is considered perjury. You can face charges if you lie during your testimony. 

Can I Refuse a Subpoena?

No. Refusing a subpoena can result in you being held in contempt of court and the court may issue a warrant for your arrest.

How Does Replying to Subpoenas Work?

Getting in touch with a lawyer right away if you receive a subpoena will ensure you respond to it properly. You need to reply to it within the timeframe, so you do not get held in contempt of court. 

Contact What the Law if You Have Been Given a Subpoena

If you have been given a subpoena in the Greater Toronto Area (GTA), do not hesitate to contact our offices. We will walk you through the process, ensuring it goes smoothly for you. 

Contact our office today for professional legal services and advice.