#HOSTILE WITNESS RULES OF COURT TRIAL#
A witness may be procured to attend a trial by a subpoena. Doctors, psychologists and psychiatrists may be called to give evidence as to competence Compelling AttendanceĪ party may call any person who can give relevant evidence, to be a witness. If the competence of a witness is challenged in a jury trial, the matter is heard in the absence of the jury. However, if a witness is challenged, the onus is on the person calling him, to prove his competence. There is a special type of subpoena in civil cases, which requires the witness to attend with documents. The court may make a witness order requiring attendance at trial of persons whose statement has been served on the accused or whose deposition has been taken.Ī witness may be summoned for the purpose of producing documents in civil or criminal cases. In criminal cases, witnesses may be compelled to testify by witness summons. However, they may waive this right and they are then treated as compellable. There are a limited number of witnesses who may not be compelled. Failure to answer would constitute contempt of court. He can be compelled by the court to attend and to answer questions properly put. If he does not attend voluntarily, he may be required to attend by subpoena or a witness summons. A witness may be compelled to testify on behalf of any party to the litigation. Generally, this is not a matter for the Court. The parties to civil litigation decide who they should call as a witness. A challenge may be made to the competence of children and persons suffering from mental disorder to the give evidence. Historically, the test of competence was whether the witness was in a position to understand the nature and consequences of the oath. Generally, any person is competent to give evidence provided he has the ability to give an intelligible account of the matters concerned.
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