Instructions to Compel Attendance of a Witness Provincial Court Family Law Act

Transcription

1 Instructions to Compel Attendance of a Witness Provincial Court Family Law Act Before you Begin: You must have a court file in the Provincial Court under the Family Law Act to use this form. This form is intended to allow you to make sure your witness attends your trial (or other court hearing with oral evidence) and brings specific documents with them. Calculate the Amount of the Witness Fees: Witness fees in Provincial Court are set by the Provincial Court Fees and Costs Regulation (found online at: We strongly recommend that you review the regulation and speak to a lawyer to help you calculate the amount of the fee. However, the fees are summarized as follows: $10 for each day (or part of a day) traveling to court and/or attending court. If the witness is being called as an expert, then the fee is $20 per day (or part of a day). If the witness will travel by private vehicle to and from court, a transportation allowance in the amount set by the Government of Alberta s Travel, Meal and Hospitality Expense Policy. As of 2014, this amount is $.505 per kilometre. If the witness will travel by public transportation to and from court, the actual cost of that transportation must be paid. Generally, if the witness must travel more than 200 km, and there is a regularly scheduled air carrier available, then the fee must include the actual cost of airfare to and from court. Tip You can make a court application to have the judge set the amount of the witness fee. If you decide to do this, serve the witness with your court forms, as well as the other party. Fill in the Notice to Attend form Follow the instructions on the form. You will need 3 copies of the completed Notice to Attend one to give to the witness, one to attach to the Affidavit of Service, and one for your own records. Serve the Witness Unless the court orders otherwise, the witness should be personally served - that is, handed the Notice to Attend and the witness fee. Complete the Affidavit of Service After the other party has been served, fill in the Affidavit of Service form, have it sworn, and then file it with the court. These instructions have been prepared for you by Family Justice Services / Family Law Information Centre. Contact us at: Calgary: (403) Lethbridge: (403) Edmonton: (780) Medicine Hat: (403) Grande Prairie: (780) Red Deer: (403) Outside these centres, contact us toll free at

2 COURT FILE NUMBER COURT Provincial Court of Alberta LOCATION APPLICANT RESPONDENT DOCUMENT Notice to Attend as Witness Family Law Act ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT (Name) (Full Address) ( ) (Daytime Telephone) NOTICE TO WITNESS: (Name of witness) This document requires you to attend at a hearing or trial and testify. This document explains what you must do and when you must do it. You must attend at the date, time and place and for the period specified below: Date: Time: Where: Period of Attendance: You are not required to bring any records or You must also bring the following records: (List the records the witness is required to bring) any writing or documents under your control that relate to this matter;

3 - 2 - An allowance that is required to be paid to you for attending as a witness accompanies this notice. The allowance is calculated as follows: Allowance payable for each day or part of a day necessarily spent by you as a witness: $ Transportation: $ TOTAL $ WARNING If you do not attend as a witness at the trial as indicated above, or do not attend or remain in attendance in accordance with this notice, the Court may order one or more of the following: (a) that you be brought immediately, or at a time specified, before the Court or before a person named by the Court; (b) that you bring the records described in the order; (c) that you be detained in custody in accordance with the order until your presence is no longer required; (d) that you be released on a recognizance, with or without sureties, on a condition that you appear as directed, for a specified purpose; (e) any other order necessary to ensure your attendance and the production of records ordered to be produced as required by the order.

4 COURT FILE NUMBER Clerk s Stamp COURT Provincial Court of Alberta LOCATION APPLICANT RESPONDENT DOCUMENT Affidavit of Service of Notice to Attend as Witness Family Law Act ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT (Name) (Full Address) ( ) (Daytime Telephone) AFFIDAVIT OF: DATE SWORN: (Name of document server) (Date this affidavit is sworn) I MAKE OATH AND SAY / SOLEMNLY AFFIRM AND DECLARE THAT: 1. I served with a true copy of the attached (Name of person to whom the Notice to Attend is directed) Notice to Attend as Witness on at at (date) (time) (Complete address where you served the Notice to Attend as Witness). 2. I served the Notice to Attend as Witness by handing a true copy to the said person; by attempting to hand a true copy to the said person, who refused to accept it. I put it down and left it in the presence of the person, and said to him/her:

5 - 2 - by causing a true copy to be sent by recorded mail to the person at the address identified above. Service was effected on as is evidenced (date) by the acknowledgement of receipt card, signed by the individual to whom it is addressed, attached as Exhibit A to my affidavit. in compliance with the attached court order allowing an alternative method of service by: SWORN / AFFIRMED BEFORE ME on, at, Alberta. Signature of document server Commissioner for Oaths in and for the Province of Alberta