What if I get sick or am prevented from coming to the court hearing?

What if I get sick or am prevented from coming to the court hearing?

Illness


Everyone who is summoned to give evidence as a witness in court is required to appear. However, you may be so sick that you cannot attend, and thus have a valid excuse not to appear at the designated time. 

You may be asked to provide documentation of your illness, which you can do by obtaining a doctor’s certificate. You can find the form on the courts’ website. It is important that you do not simply fail to appear at the court hearing, even though you think you are too sick to come. You must contact the court or the person who summoned you to appear at the court hearing as soon as possible if you get sick.

If you fail to appear at the court hearing and have not notified the court, you may be ordered to pay a fixed penalty. You also risk being picked up by the police and potentially placed in detention until you can be questioned in court. The court will decide if you are too sick to testify in court. You will usually be summoned to a new court hearing if you have had a valid excuse for not appearing.

Reasons other than illness that prevent you from giving evidence 

Being busy or having courses, business meetings, etc., are not valid excuses for not showing up at a court hearing for which you have been summoned. However, a trip abroad booked before you received the witness summons is normally deemed a valid excuse for not appearing.

You must contact the court or the person who summoned you to appear at the court hearing as soon as possible if you think you have a valid excuse for not appearing. You may be asked to provide documentation of a valid excuse. If you do not show up at the court hearing and have not notified the court, you may be ordered to pay a fixed penalty amount. You also risk being picked up by the police and potentially placed in detention until you can be questioned in court. 

The court will decide if you have a valid excuse for not testifying in court. You will usually be summoned to a new court hearing if you have had a valid excuse for not appearing.