Subpoena Witness Form 16 PDF Details

In British Columbia, Canada, the Subpoena to a Witness - Form 16 serves a crucial legal function by commanding individuals to appear in court as witnesses for either the prosecution or defense. This mandate is set forth in cases where these individuals are believed to possess material evidence crucial to the charge at hand. The form outlines specific details, including the court file and police case numbers, the date and place of the alleged offense, as well as a description of the said offense. Once issued, the person subpoenaed is obligated to present themselves at the designated court, at the stated time and address, potentially with pertinent items or documents related to the case. Failure to comply with this court order can lead to serious consequences, including the issuance of an arrest warrant. The form further provides instructions for peace officers on how to serve the subpoena, capturing both successful service and attempts thereof. Witnesses are reminded of their significance to the case, encouraged to bring any requested documents to court, and informed about the legal protections against employment discrimination due to court appearances. This comprehensive document underscores the legal mechanisms in place to ensure the attendance of essential witnesses in court proceedings, highlighting the balance between the legal obligations of individuals and the support provided to them throughout the process.

QuestionAnswer
Form NameSubpoena Witness Form 16
Form Length3 pages
Fillable?Yes
Fillable fields74
Avg. time to fill out15 min 37 sec
Other namesform 16 1 subpoena to a witness ontario, supeona form 16, subpoena form ontario, subpoena to a witness ontario court of justice form 16

Form Preview Example

SUBPOENA TO A WITNESS – Form 16 ASSIGNATION À UN TÉMOIN – Formulaire 16

CANADA: PROVINCE OF BRITISH COLUMBIA, PROVINCE DE LA COLOMBIE-BRITANNIQUE,

To/À

Telephone

COURT FILE NUMBER

NUMÉRO DE DOSSIER DE LA COUR

POLICE CASE NUMBER

NUMÉRO DE PROCÈS-VERBAL

(Res/Dom.)

WHEREAS/ATTENDU QUE

has (have) been charged with/a (ont) été inculpé(e/s) d’avoir

Téléphone (Bus./Bureau)

(Other/Autre)

Offence Date / Date de l’infraction

Place / lieu

Offence Description / Description de l’infraction Section / Article

Act / Loi

and it has been made to appear that you are likely to give material

et qu’on a donné à entendre que vous êtes probablement en état

evidence for the

prosecution

de rendre un témoignage essentiel pour

 

 

 

 

defence

 

la poursuite.

la défense

THIS IS THEREFORE TO COMMAND you to attend court on

À CES CAUSES, LES PRÉSENTES ONT POUR OBJET DE

 

 

 

 

 

VOUS ENJOINDRE de vous présenter au tribunal le

(date)

 

 

 

 

 

at/à (time/heure)

 

 

 

.m.

at/au (court/tribunal)

 

 

 

 

 

 

of British Columbia at / de la Colombie-Britannique à

(address/adresse)

 

 

 

 

 

 

 

,

British Columbia, to give evidence concerning the charge,

Colombie-Britannique, pour témoigner au sujet de l’inculpation

 

(check if applicable) and to bring with you anything in your possession or

 

et d‘apporter avec vous tout article en votre possession ou

 

under your control that relates to the said charge, and more

 

sous votre contôle qui se rapporte à ladite inculpation, et plus

 

particularly the following:

 

particulièrement l’article ou les articles suivant(s):

Dated/Fait le:

at/à:

 

 

A Judge / Justice of the Peace in and for the Province of British Columbia or Clerk of the Court

British Columbia/Colombie-Britannique

 

Un juge / juge de paix dans et pour la province de la Colombie-Britannique ou greffier du tribunal

 

 

NOTICE TO WITNESS (See reverse side for more information)

AVIS AU TÉMOIN (Pour plus d’information, voir au verso)

The Subpoena above is a Court Order. Please be advised that failure

L’assignation ci-dessus est une ordonnance de la cour. Sachez que

to comply with this Court Order may result in a warrant

 

le défaut de vous conformer à cette ordonnance de la cour peut

being issued for your arrest. The following information and that which

donner lieu à la délivrance d’un mandat d’arrestation contre vous.

is on the reverse is provided for your assistance.

 

L’information suivante et celle que vous trouverez au verso sont

If you have any questions, please contact:

 

fournies pour vous aider.

 

 

 

(name/address/telephone number)

 

Attendance / Details

Comparution/Détails

 

Si vous vous posez des questions, veuillez

 

 

 

 

communiquer avec :

 

 

 

 

(Nom/adresse/numéro de téléphone)

 

 

 

 

 

 

 

 

 

PCR 908 03/2008

(JUS PCR007)

1–PROSECUTION/DEFENCE/SERVICE 2–WITNESS 3–PROSECUTION OR DEFENCE FILE 4–POLICE ACCOUNTING

 

 

 

 

STATEMENT OF SERVICE

I,

 

 

 

 

, a Peace Officer of the

 

 

certify that on

 

I served

 

 

 

, the person named as witness in the

Subpoena to a Witness with a true copy of the within subpoena in the manner indicated below, namely, (Mark appropriate box)

(a) by delivering it to him/her personally at

(b) by leaving it for him/her at his/her last or usual place of abode with

(name and relationship to witness)

who appeared to be at least 16 years of age, because the witness could not conveniently be found;

(c) the witness being a municipal corporation, by delivering it personally to the mayor/reeve or other chief officer of the corporation/or to the secretary/treasurer/or clerk of the corporation, namely

(d) the witness being a corporation other than a municipal corporation by delivering it personally to the manager/secretary/or other executive officer of the corporation/or of a branch of the corporation, namely

Dated:

at:

British Columbia

(Signature of Peace Officer)

STATEMENT OF ATTEMPTED SERVICE

I,

 

, a Peace Officer of

certify that I attempted to serve a copy of this Subpoena upon (accused / witness) by doing the following: (Mark appropriate box)

1.

That I did on

(date)

 

attend at

(address)

 

and determined that

 

 

 

 

 

 

 

 

 

 

Witness moved on

(date)

 

 

N.F.A. or to:

(address)

 

 

 

Manager/Occupant reports witness is not known to them and does not presently live there;

 

 

 

There is no such address in

(city)

 

 

 

 

 

 

 

 

 

 

The witness may be evading service, because card(s) and/or telephone message(s) have been left at his/her confirmed

 

 

residence on

(date)

and no responses have come as a result; or,

 

 

 

Other:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.

That I am informed that the total number of attempts, including my own, to serve this Subpoena were

 

.

Dated:

at:

British Columbia

(Signature of Peace Officer)

IMPORTANT INFORMATION FOR WITNESSES

You have been subpoenaed to be a witness because you have important knowledge about the case.

You may believe that you do not know anything about the case, however you may know something significant to the case which may not seem important to you.

The subpoena requires that you testify in Court even though you may have already given an oral or written statement.

Please ensure that you bring your copy of the subpoena and anything else specified in the subpoena with you to Court.

The contact information for the party calling you as a witness is provided on the reverse side of this form. You may contact them if you have any problems or questions concerning your Court attendance.

Court dates may change so you should ensure that the party calling you has your current address and telephone number.

PCR 908 03/2008

(JUS PCR007)

Although you must attend Court at the time specified in the subpoena, you may have to wait outside of the courtroom until it is your turn to testify. You may ask a friend or relative to wait with you or you may bring a book or maga- zine to help pass the time.

When you are called into court to testify you will be asked to step into the wit- ness box and you have the option of swearing an oath in keeping with your own religion or making a solemn affirmation that the evidence you will give is the truth. A solemn affirmation is a solemn promise that has the same effect as a religious oath. If you do not tell the Court Clerk which one you want, your evidence will be taken by solemn affirmation.

After you have given your evidence and are excused by the Court, you are free to leave. You may stay in the courtroom if you wish, unless you are expected to testify again later in the proceedings.

If you are employed, your employer must not discharge, suspend, intimidate, coerce, impose any financial or other penalty on, or otherwise discriminate against you because you were absent from work to appear in Court as a wit- ness in a proceeding respecting an offence.

 

 

 

 

STATEMENT OF SERVICE

I,

 

 

 

 

, a Peace Officer of the

 

 

certify that on

 

I served

 

 

 

, the person named as witness in the

Subpoena to a Witness with a true copy of the within subpoena in the manner indicated below, namely, (Mark appropriate box)

(a) by delivering it to him/her personally at

(b) by leaving it for him/her at his/her last or usual place of abode with

(name and relationship to witness)

who appeared to be at least 16 years of age, because the witness could not conveniently be found;

(c) the witness being a municipal corporation, by delivering it personally to the mayor/reeve or other chief officer of the corporation/or to the secretary/treasurer/or clerk of the corporation, namely

(d) the witness being a corporation other than a municipal corporation by delivering it personally to the manager/secretary/or other executive officer of the corporation/or of a branch of the corporation, namely

Dated:

at:

British Columbia

(Signature of Peace Officer)

STATEMENT OF ATTEMPTED SERVICE

I,

 

, a Peace Officer of

certify that I attempted to serve a copy of this Subpoena upon (accused / witness) by doing the following: (Mark appropriate box)

1.

That I did on

(date)

 

attend at

(address)

 

and determined that

 

 

 

 

 

 

 

 

 

 

Witness moved on

(date)

 

 

N.F.A. or to:

(address)

 

 

 

Manager/Occupant reports witness is not known to them and does not presently live there;

 

 

 

There is no such address in

(city)

 

 

 

 

 

 

 

 

 

 

The witness may be evading service, because card(s) and/or telephone message(s) have been left at his/her confirmed

 

 

residence on

(date)

and no responses have come as a result; or,

 

 

 

Other:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.

That I am informed that the total number of attempts, including my own, to serve this Subpoena were

 

.

Dated:

at:

British Columbia

(Signature of Peace Officer)

IMPORTANT INFORMATION FOR WITNESSES

You have been subpoenaed to be a witness because you have important knowledge about the case.

You may believe that you do not know anything about the case, however you may know something significant to the case which may not seem important to you.

The subpoena requires that you testify in Court even though you may have already given an oral or written statement.

Please ensure that you bring your copy of the subpoena and anything else specified in the subpoena with you to Court.

The contact information for the party calling you as a witness is provided on the reverse side of this form. You may contact them if you have any problems or questions concerning your Court attendance.

Court dates may change so you should ensure that the party calling you has your current address and telephone number.

Although you must attend Court at the time specified in the subpoena, you may have to wait outside of the courtroom until it is your turn to testify. You may ask a friend or relative to wait with you or you may bring a book or maga- zine to help pass the time.

When you are called into court to testify you will be asked to step into the witness box and to make a solemn affirmation or to swear an oath that the evidence you will give is the truth. A solemn affirmation is a solemn promise that has the same effect as a religious oath. You should tell the Court Clerk which one you want to make.

After you have given your evidence and are excused by the Court, you are free to leave. You may stay in the courtroom if you wish, unless you are expected to testify again later in the proceedings.

If you are employed, your employer must not discharge, suspend, intimidate, coerce, impose any financial or other penalty on, or otherwise discriminate against you because you were absent from work to appear in Court as a wit- ness in a proceeding respecting an offence.

PCR 908 03/2008

(JUS PCR007)

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supeona form 16 completion process outlined (part 1)

2. Once your current task is complete, take the next step – fill out all of these fields - and it has been made to appear, date, atau courttribunal, addressadresse British Columbia to, check if applicable and to bring, DatedFait le, atà British, NOTICE TO WITNESS See reverse side, À CES CAUSES LES PRÉSENTES ONT, atà timeheure, of British Columbia at de la, ColombieBritannique pour témoigner, sous votre contôle qui se rapporte, A Judge Justice of the Peace in, and AVIS AU TÉMOIN Pour plus with their corresponding information. Make sure to double check that everything has been entered correctly before continuing!

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