Citation of Witnesses—Subpœna
In England, except upon a subpœna, a medical man is not bound to attend as a witness at a trial, and then it should be served a reasonable time before the trial, in order that he may make proper arrangements for the carrying on of his business during his absence. In civil cases his reasonable expenses should be tendered to him at the time the subpœna is served, or within a reasonable time of the trial; and he may refuse to give evidence unless his charges are paid, provided his objection be stated before he has been sworn. A witness may be summoned from any part of the United Kingdom.
The question has been raised, whether a scientific witness was bound to attend when subpœnaed. The law on the point is enveloped in some obscurity; the better course is therefore to attend.
No tender of fees is necessary in criminal cases, “except in the case of witnesses living in one distinct part of the United Kingdom being required to attend subpœnas directing their attendance in another, who are not liable to punishment for disobedience of the process, unless at the time of service a reasonable and sufficient sum of money, to defray their expenses in coming, attending, and returning, have been tendered to them.” When summoned to two cases, the one civil, the other criminal, the witness must attend the criminal; or when both cases are the same, the one to which he first received the subpœna—notifying, however, to the counsel engaged on the other case his unavoidable absence, and giving the reasons which prevent his attendance.
In Scotland, witnesses are summoned by a writ or citation, which must be delivered at the residence of the witness a reasonable time before the trial. Delivery to a member of the family, or a servant not within the house, will not do. If access cannot be gained, the copy is fastened to the most patent door of the house. If the witness do not appear, and it be clearly shown that he was duly cited, a warrant for his apprehension may be issued, and he becomes liable to be incarcerated till he finds “caution” for his due attendance at the trial. His non-attendance may also, unless good excuse be forthcoming, render him liable to a fine, or unlaw, of a hundred merks Scots—about £5.
Form of Subpœna in England.—Where a medical witness has given evidence in a case in which the accused person has been committed for trial to a superior Court, he is summoned to give evidence at such Court in the following terms:
L.S.
“George, by the grace of God, of the United Kingdom
of Great Britain and Ireland, King, Defender of the Faith,
To ______________________
Greeting: We command you, and every
of you, that all business being laid aside, and all excuses
ceasing, you do in your proper persons appear before our
Court of Quarter Sessions of the Peace (or other Court),
assigned to keep the peace in the City (or Borough) of
__________________________, and also to hear and determine
divers Felonies, Trespasses, and other Misdemeanours in our
said City (or Borough) committed, to be holden within the
_______________________, in the said City (or Borough),
on ____________________ the _______ day of _________
now next ensuing, at the hour of ten o‘clock in the forenoon
of the same day, to testify the truth and give evidence,
on our behalf, against __________________ in a case of
_____________; and this and every of you are in no wise to
omit, under the Penalty of Twenty Pounds for you and every
of you. Witness, ___________________, Esq., our Recorder
at ____________ aforesaid, the ________ day of _________
in the ________ year of our reign.”
“(Signed)
“Clerk of the Peace.”
In Scotland the following is the form of summons to appear before the High Court of Justiciary, and at an inquiry into a fatal accident:
(I.)
“To _________________________________________
“You are hereby lawfully cited to attend a sitting of the
High Court of Justiciary within the Criminal Court
__________, upon the ___________ day of _________
Nineteen hundred __________ years, at ____________
o‘clock _______ noon, as a witness in the case against
_______________________, prisoner in the Prison
of _______________, and that under the pain of
One Hundred Merks Scots.
“(Signed)
“Sheriff-Officer.
“Note.—Any witness failing to appear in terms
of citation not only forfeits the penalty, but is
liable to be apprehended and imprisoned.
“(Preserve and bring this Copy with you.)”