Ding Dong! Who is here? A bailiff with a sub poena!

Did you know that we may require that, in addition to testify in court, it is also possible that we ask you to bring documents in your possession ?

Indeed, when you are served a subpoena duces tecum this implies that you must go to the Court at the day indicated on the document and bring all the papers or documents mentioned in the brief with you.

According to Article 280 of the Civil Procedure Code, the subpoena shall be served to you at least ten (10) days before the appearance, that is to say, ten (10) days before the date when your presence at the Court is required. In urgent cases, this period may be reduced to 24 hours.

The party summoning you will advance your fee for the first day in Court, compensation for the loss of time and allowances for transportation costs, meals and accommodation provided by the Regulation[1].

Please note that it is also possible to issue a subpoena for a resident of Ontario, but only by special order of the Judge or clerk.

You might be tempted not to be present at the Court. However, it is important to mention that when the subpoena was duly served up and that we advanced your expense, the Judge may issue a warrant against you and order that you be detained in custody until that you have testified or you may be released on condition to provide good and sufficient security to remain at the disposal of the Court. The Judge may also order that you pay the costs arising from the failure to be present.[2] You will therefore understand that it is in your interest to be present at the Court on the date indicated on the subpoena that has been served to you.

Written by Me Marie-Josée Gingras, Attorney


[1] Article 281.1 Civil Procedure Code

[2] Article 284 Civil Procedure Code