If you have received a judicial summons to appear before a court, and you are overwhelmed by doubts about its content, we understand that, unless you can have the intuition of the facts that may correspond, you will not have this certainty until you go to the place indicated to collect the document in question.
In this sense, there is usually a great deal of concern about the time that may elapse between the commencement of proceedings and resolution, the calling of witnesses and the obligation to attend, the time it takes to render an award, etc.
Below you will find a comprehensive analysis on the judicial summons that will help you resolve all your doubts and uncertainties if you have been summoned for this process.
What is a Judicial Summons?
A judicial summons is a document issued by the court that urges the recipient to attend, in a mandatory manner, the celebration of a trial.
In other words, the person who receives this summons must attend the trial, whether as a defendant, plaintiff or witness, because otherwise he/she is exposed to legal consequences.
What is a Judicial Diligence?
A judicial diligence is a document that records the final resolution of a legal proceeding.
Completing a judicial diligence means that the judicial process derived from the judicial proceeding will be completed, that is, what is included in this document.
Who Issues the Subpoenas?
The subpoena can only be issued by the court corresponding to the process, whether criminal or civil.
These summonses are mailed from the court in your province, and must be certified to ensure that they have been received.
What Happens If You Don’t Show Up for a Court Summons?
As mentioned above, there are a number of penalties for not attending a court appearance after being notified.
The penalty for failing to appear without justification ranges from a fine of 200 to 5,000 euros, depending on the seriousness of the proceedings.
If the plaintiff fails to appear in court, in most cases the defendant is acquitted.
If the defendant fails to appear for the second time when summoned by the court, this may result in sanctions corresponding to the crime of obstruction of justice.
Do You Have to Go to the Summons with a Lawyer?
In cases where you have been summoned to collect a notice, it will not be mandatory to go with a lawyer. Simply proving your identity will be sufficient.
In fact, it is very important that the lawyer who knows your case has more precise details about the procedure, because otherwise it will be difficult to be able to advise you and/or to appear in person during the procedure to gather information and prepare your case.
If you have been summoned for trial as a defendant, you must go with an attorney and a prosecutor when it is a serious crime.
On the contrary, for minor offenses, it is not necessary to be accompanied by an attorney, but it is recommended for better results.
If you have been summoned as a witness, you will not need to be accompanied by a lawyer either.
Another way to know the risks and the best option.
Choose the day and time when you are available and consult our lawyers to solve your legal problem.
Who Calls Witnesses in a Trial?
Witnesses are brought to the trial either because they voluntarily want to go to the trial to testify in the proceedings or because they have been subpoenaed.
Witnesses in a trial are summoned, in the same way as the defendant, by the court, but through the judicial police.
However, in some trials, such as labor trials, the interested party may call witnesses who have not been formally summoned.
What is the Role of a Witness in a Trial?
The main purpose of witness statements is to help the court clarify the facts and get a real and concrete picture of what happened.
Therefore, the witness in a trial must tell the truth about the facts he or she has witnessed or knows about.
We do not recommend the presence of witnesses who cannot guarantee that party’s version.
Just because you have witnesses does not mean that the version is declared in your favor. Furthermore, in many cases we have found that court proceedings can be won or lost by the participation of witnesses.
What Must a Witness Do in a trial?
The witness must testify at trial when the judge deems it appropriate, answering the questions put to him or her, only with the truth, even to his or her own detriment.
Before testifying, the witness must swear or promise that he will tell the truth in his account, except in the case of minors.
In the event that the witness does not knowingly tell the truth, he or she may be punished for the crime of perjury.
How Many Witnesses Are Needed for a Labor Trial?
In a labor trial, the interested party can call all the witnesses that are necessary, there is no maximum.
It is very important to have witnesses related to the labor procedure in order to unify the facts.
What Happens If You refuse to Testify as a Witness?
Any witness who has been subpoenaed to testify in a trial must do so, provided that he or she is not prevented from doing so. If you do not, you may be subject to a financial penalty.
If you continue to refuse to testify, you may be subject to penalties for serious disobedience to the Authority.
Who Can Be a Witness?
A witness is defined as a person who has knowledge or perception of the facts under investigation in the judicial process, except for those who are permanently deprived of reason or the use of the senses.
Therefore, any person who meets these characteristics can be a witness, with the exception of persons under the age of fourteen.