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Summoned Witness - Do they have to go?

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  • #31
    She hasn't received the summons yet. My ex just requested her address yesterday saying she wants to send a summons to appear. Motion is in 12 days.

    Do you know off hand what options are available usually?

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    • #32
      all this worry over nothing. Your ex may have just been trying to scare you. Your relative can look it over when/if she gets one and see what she needs to do.

      Just remember if she tries to avoid it, the perception may be that she has something to hide.

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      • #33
        You are under no obligation to provide that information.

        Should that person be served, they need to show up, or contest it as directed on the document.

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        • #34
          My ex sent me 4 messages last night asking for my provider's address.
          I wrote back telling her I didn't know it and that she could try sending it to my house instead.

          She then sent my provider 6 messages (text and email) today asking for her address, and that if she doesn't hear back by midnight tonight, she will be sending her summons to my house.

          Should she reply? Does it still count if my ex sends the summons to my house?

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          • #35
            Your Witnesses

            During the Trial Management Conference, you will discuss your witnesses and their evidence with the trial management judge. At this Conference, you must bring your list of witnesses, what you expect your witnesses to say, and the list of documents that your witnesses will bring with them to trial.

            When you are preparing for trial and you want a family member or a friend to be a witness, you should ask the family member or friend to come with you. If you want to ensure that your family members, friends or other witnesses come to the trial as witnesses, you will have to fill out Form 23: Summons to a Witness. This form must be served on the witness and filed with the court. If you are using Form 23, you must pay your witness for every day that the witness is required in court. You will find the witness fee in rule 23 of the Family Law Rules. The witness fee must be served on the witness along with Form 23: Summons to a Witness.

            You should only call witnesses who have information that will help the judge decide your case and is relevant to the orders that you want the judge to make at the trial. You may also call witnesses who have information that goes against the other party’s case.

            It is important that your witness tells the truth. With some exceptions, the witness can only tell the court about evidence that they know themselves, not what other people have told them.

            You should meet with your witnesses before the trial. You should tell them that they must tell the truth regardless of how the evidence may affect you.

            Tell your witnesses to bring documents that support your case with them. If you use Form 23: Summons to a Witness, you should list the documents that you want the witnesses to bring with them. Bring the original and at least four copies of the documents to court. The original document is the one that should be filed with the court.

            from: Representing Yourself at Your Family Law Trial – A Guide | Ontario Court of Justice

            More information below:
            Being a Witness

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            • #36
              Your personal care assistant works for you - you should know her phone number and address. All you have to do is call her and ask her for her address. IF you have nothing to hide this shouldn't be difficult for you.

              This situation doesn't add up. It sounds like you are "coaching" your personal care assistant on how to answer your ex's emails etc. Why are you being difficult? Let your ex serve the summons. Being uncooperative and trying to manipulate the situation isn't smart.

              If you have nothing to hide you should be cooperative.

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              • #37
                Yeah, a lot of hassle and drama, for what should be a simple matter for the OP.
                How do you not know your family member/service provider's address?

                Others already provided valuable advice...be cooperative, and if your family member/service provider is summoned to court, they need to appear.

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                • #38
                  My service provider just moved, so I didn't have her new address. Because of this, at court the judge told my ex she could send the summons to my house. A couple hours after court, my ex sent me several emails/texts again asking for their address. I replied right away saying to send it to my house, as the judge said, and I provided the name/phone number of my service provider.


                  My ex then sent my service provider several emails/texts asking for her address before midnight that night. That's when my provider told me her cancer/stress issues and asked if there was anything I could do. That's why I posted here. With the replies I received, I assured my provider that it would not be stressful however it would be a lot more stressful if she ignored the summons.


                  The next day my provider replied to my ex with her address.


                  A few days later my ex contacted my insurance adjustor saying she was going to send her a summons because I was fraudulently keeping the benefit money, by ordering food instead of hiring a cook(service provider). My adjustor told my ex there was nothing wrong with that... and later told me my ex was "not pleased" with her response.


                  Needless to say, it's been almost a week now and no summonses have been sent to anyone.

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                  • #39
                    Well then you have nothing to worry about do you? I thought your original post implied that your ex had initiated contempt of court proceedings.

                    False alarm. Perhaps there is no need for the thread to continue.

                    Comment

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