A subpoena is a document from the court that orders you to come to court to testify in a case. The subpoena will include the:
The subpoena will tell you whether the Crown or the defence lawyer is calling you as a witness. The subpoena might also tell you to bring documents or other evidence with you to court, but this is rare.
In most cases, a police officer or a process server will give you the subpoena in person. Once you get the subpoena, you can't ignore it. You must go to court.
If you don't come to court when required, you can be charged with contempt of court. If that happens, the judge could put out a warrant for your arrest . If there's a warrant, the police can arrest you and bring you to court. You can be kept in jail until you testify.
Read the subpoena carefully to understand where and when to go to court.
Your court appearance might happen in person at court, or virtually by video using Zoom. If the court appearance is on Zoom, you will get the log in details and link for the court with the subpoena.
If you're testifying virtually, the lawyer who asked you to testify should make sure you have a good internet connection. If you don't have a computer or internet, you should tell the lawyer as soon as you can before the court date. You might be able to call into court using a landline or cell phone. Or the lawyer may be able to set up a computer with internet for you to use for your testimony . If you're not sure which lawyer to speak with, look at who sent you the subpoena.
Witnesses usually testify in person. But you might be allowed to testify virtually if you need to, for example if you have health issues or can't get to the courthouse. If you do need to testify virtually, you should tell the lawyer you are testifying for so they can ask the judge for permission.
If you're testifying over Zoom, your subpoena will give you a time to call in, or one of the lawyers will tell you. You should join the call as close to that time as possible.
If you're not comfortable testifying in English or French, the court can get you a translator. Translators must be booked ahead of time, so tell the lawyer who asked you to testify if you need a translator as soon as you can.
If you need other accommodations because you have a disability, you should also talk to the lawyer who asked you to testify.
If you get a subpoena, you should arrange for time off work. Your employer must give you time off to testify in court. They don't have to pay you for the time you're away, but they can't fire you or punish you for taking the time off work to obey a subpoena.
You should also arrange for childcare if you need it. Don't bring children to court, unless you can't make any other arrangements.
It's hard to say how long you will be in court. You might only be there for a few hours or it could be several days. The lawyer who gave you the subpoena will try to give you an idea about when you will testify. You might need to come back later or on another day. You must be available until the judge says you can leave.