From time to time, witnesses who are not a party to a case may be required to give evidence before a court.

In Ontario a subpoena is issued for criminal proceedings, while a summons is issued for civil proceedings. Both documents compel particular witnesses to attend before the court and give evidence. If a witness fails to show up, the court may issue a bench warrant for the arrest of the missing witness. Once apprehended, the witness will remain in custody until his or her evidence is no longer required.

In the Superior Court a summons to witness is issued by the court registrar upon the request of one of the parties; a summons may be issued accordingly under the Rules of Civil Procedure.

In administrative law proceedings, summons may be available pursuant to the Statutory Powers Procedure Act. However, not all tribunals issue summons on a regular basis.

For example, the Social Benefits Tribunal rarely compels a witness to attend and give evidence (I’ve never encountered this situation), while the Landlord and Tenant Board regularly issues summonses to witnesses who are not a party to the proceeding.

In practice, however, I rarely request a summons to witness without the witness’ consent, even if it’s available, as the consequences to the witness for non-compliance are grave. On the other hand, some witnesses request that a summons be issued so they can make arrangement with their employers. Therefore, before a summons is issued it’s a good idea to discuss whether a summons is required with your witness.