been called to court, legal help?

DVardysShadow

atwitsend wrote: »

Well exactly, I am not planning on attending. They said if I don't turn up then they will summon me officially, well they bloody well can.

You can make it plain that you know nothing about this and have very little to tell the court

Counsel: Did you make a statement relating to incident X
AWE: Yes
Counsel: What did it say?
AWE: Probably you will get a more accurate answer by reading it than by me telling what I vaguely remember.
Counsel: So what do you remember from your statement?
AWE: Very little

kamperkat

Hi atwitsend ... just saw your thread and thought that maybe you could call the court on the morning of the case and say "I think I'm going going into labour - honest guv!" :A they couldn't possibly expect you travel and give evidence if you were actually having/maybe contractions ... could they

atwitsend_2

DVardysShadow wrote: »

You can make it plain that you know nothing about this and have very little to tell the court

Counsel: Did you make a statement relating to incident X
AWE: Yes
Counsel: What did it say?
AWE: Probably you will get a more accurate answer by reading it than by me telling what I vaguely remember.
Counsel: So what do you remember from your statement?
AWE: Very little

They said that I will be issued with my statement when I arrive, so I can familiarise myself with it, that is the only evidence I am giving. Apparently they want to ask me some questions about it, in other words, twist it what I said anyway they like to suit :rolleyes:

atwitsend_2

kamperkat wrote: »

Hi atwitsend ... just saw your thread and thought that maybe you could call the court on the morning of the case and say "I think I'm going going into labour - honest guv!" :A they couldn't possibly expect you travel and give evidence if you were actually having/maybe contractions ... could they

That is the last resort I have a midwife appointment that day anyway and could say I believe I am in labour....of course women are renound for being wrong and false alarms are plentiful with pregnant women :rotfl:

DVardysShadow

atwitsend wrote: »

They said that I will be issued with my statement when I arrive, so I can familiarise myself with it, that is the only evidence I am giving. Apparently they want to ask me some questions about it, in other words, twist it what I said anyway they like to suit :rolleyes:

I think you only get it if they ask for it - this is a porky the police seem to like telling witnesses.

My bet is that they don't want you there under summons, but they are willing to apply all sorts of other pressure.

Kay_Peel

You are right to refuse to go AT THIS STAGE.

Civil Courts are lazy. They don't read the evidence, quite often, and it's only when you turn up at court that you are told (a) we won't be needing you (b) we'll be needing you, but not today - you are no.25 on the witness list!

It's more usual for witnesses to fill out a Court Availability calendar, striking out inconvenient dates - whole months, in your case. The solicitors have to decide which of the witnesses must attend and in what order and they use the Calendars to fix a date. You'd be happy with that since you would have some control over the date - the courts would be happy with that because they can get the job sorted, knowing everyone who should be there will be there.

I was two weeks overdue when I got a last minute call to attend a magistrates court. It was my job to go, although I was on maternity leave. I was having contractions while giving my evidence. I phoned my DH after leaving the witness box and said I was going directly to the hospital. Our child was born a few hours later. If I hadn't given evidence then the defendant would have walked free - so my labour pains were a small price to pay.

The difference was that I knew my attendance was critical and I knew that I was going to give my evidence at 10am sharp. I was first on the list of witnesses and I knew that my ordeal would last for a couple of hours at the very most. You, on the other hand, have no information from the court.

My advice to you is to put your feet up and let them get their act together properly. If they issue a witness summons - make sure you get some 'conduct money' with it, to cover your transport courts. The Witness Service will look after your baby while you give evidence. (They are lovely people who will sort out any financial, emotional and practical problems associated with your giving evidence.)

leanneq

DVardysShadow wrote: »

I think you only get it if they ask for it - this is a porky the police seem to like telling witnesses.

My bet is that they don't want you there under summons, but they are willing to apply all sorts of other pressure.

Sorry that's wrong. I am a DS and would always offer a statement to a witness....

DVardysShadow

leanneq wrote: »

Sorry that's wrong. I am a DS and would always offer a statement to a witness....

Never known it myself. What is a DS?

Kay_Peel

Another thing you need to find out (if you don't already know it) is whether you have been called as a witness by the ex, the suspected murderer, or another party. Just because you've had a call from the police doesn't necessarily mean that you are on the same side as the police - they are just go-betweens in civil matters.

Does he want you there as a character reference?

atwitsend_2

Kay_Peel wrote: »

Another thing you need to find out (if you don't already know it) is whether you have been called as a witness by the ex, the suspected murderer, or another party. Just because you've had a call from the police doesn't necessarily mean that you are on the same side as the police - they are just go-betweens in civil matters.

Does he want you there as a character reference?

very good point, I did ask this in the original phonecall and was told I was wanted by social services, but I am not 100% sure if they were truthful tbh! I certainly don't want to be 'helping' him under the horrible circumstances of what has happened