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  • Avoiding a summons to witness

    This question is on behalf of my friend.

    She is going for trial and is now trying to summon a witness. This witness is the other party's sister. Process server went in the morning and husband answers and says come back at 7. Server goes at 7... No one there. Server calls witness and she says she will be home in a hour. Server goes again and lights are out and nobody answers the door. Her car is in driveway. She doesn't answer his phone calls either.

    Clearly she is avoiding a summons. What options does my friend have now?

    Thanks

  • #2
    You can leave it with another member in the house. So not sure why a process server wouldn't know that.

    You can also leave it at the residence in an envelope - server should know that...

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    • #3
      According to rule 6 a summons has to be served by special service and to the person being summoned. We can leave it with someone else if that person is mentally not capable of . Regardless, no one is answering the door and it cannot be left in an envelope at the door.

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      • #4
        It is a summons to witness so certain conditions apply

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        • #5
          Look at 3D in rule 6.

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          • #6
            That's doesn't apply to summons for witness . Only rule 6 3(a) applies to summons for witness

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            • #7
              Do you know where she works. Have it served at work.

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              • #8
                No she doesn't work.

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                • #9
                  Avoiding a summons to witness

                  But that's ok because if My friend can show that she is purposely avoiding summons which she can and will without any problem, then she can be arrested and brought to court. That should be very interesting

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                  • #10
                    cant see the "witness" being a good one if they are avoiding service.

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                    • #11
                      Yup!!! Other party won't call her so my friend has to call her to get information from her. Witness and other party know thy are screwed and are avoiding the summon. Arrest warrant to follow . Sweeeet

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                      • #12
                        Originally posted by Helpinghands View Post
                        Yup!!! Other party won't call her so my friend has to call her to get information from her. Witness and other party know thy are screwed and are avoiding the summon. Arrest warrant to follow . Sweeeet
                        not so sweet. The person could be evasive or just refuse to co-operate. Unless your friend has other evidence then the word of this person I wouldn't count on the persons testimony.

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                        • #13
                          Their refusal to cooperate makes it easier for my friend. They are at trial level and this will only benefit her

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                          • #14
                            Avoiding a summons to witness

                            My fried has ample evidence against the other party and his sister. That's why she is avoiding it because her lies will get caught. "If you have nothing to hide then produce it "

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                            • #15
                              Originally posted by Helpinghands View Post
                              My fried has ample evidence against the other party and his sister. That's why she is avoiding it because her lies will get caught. "If you have nothing to hide then produce it "
                              if there is ample evidence then why would your friend need her??

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