Can a witness be excused?

Section 132 of the Evidence Act enacts that a witness shall not be excused from answering any question, as to any matter relevant to the matter in issue in any suit or in any civil or criminal proceeding, upon the ground that the answer to such question, will criminate, or may tend directly or indirectly to criminate.

Can you refuse to testify in court as a witness?

You cannot refuse to be a witness. A person that has been given a subpoena to attend a court to give evidence must comply with the subpoena. A court can issue a warrant for the arrest of a witness who does not attend.

Do you have to go to court if you are sick?

Everyone who is summoned to give evidence as a witness in court is required to appear. However, you may be so sick that you cannot attend, and thus have a valid excuse not to appear at the designated time. You may be asked to provide documentation of your illness, which you can do by obtaining a doctor’s certificate.

What happens if you fail to show up for court?

If you fail to appear at the court hearing and have not notified the court, you may be ordered to pay a fixed penalty. You also risk being picked up by the police and potentially placed in detention until you can be questioned in court. The court will decide if you are too sick to testify in court.

What happens if an out of state witness has an illness?

An out of state witness who has important eyewitness testimony that exonerates the defendant is flown in, but the trial date is pushed back a month. This witness has a life threatening illness that may cause him to be incapacitated and unable to travel for the new trial date.

What happens to evidence if a witness dies before trial?

The usual scenario that unfolds is a witness is expected to be unavailable for trial and since the prosecution has the burden of proof, it’s usually the District Attorney who wants to preserve the evidence. It could be a dying witness where the conditional exam could be conducted even in the hospital room of the dying witness.