A judicial proceeding is a document that records in writing the final resolution of a judicial proceeding. Practicing judicial proceedings means that the judicial process derived from the judicial diligence will be carried out, that is, from what is included in this document. The summons can only be issued by the court corresponding to the process, whether criminal or civil. These citations are sent by mail from the court of your province, and must be certified to ensure that it has been received.
What is a Summon? A summons is a document issued by the court that urges the recipient to attend, in a mandatory way, to hold a trial. That is, the person who receives this summons must attend the trial, either as a defendant, complainant or witness, since otherwise they will be subject to legal consequences.
What happens if someone don’t show up for a court summons?
As we have mentioned before, not attending a court summons, after being notified of it, entails a series of sanctions. The sanction for not attending, without justification, ranges of fine, depending on the seriousness of the process.
When the complainant does not appear at trial, in most cases the accused is acquitted. If the accused does not appear for the second time to the court summons, this can lead to penalties corresponding to the crime of obstruction of justice.
Should you go to the summons with a lawyer?
For those cases in which you have been summoned to collect a notification, it will not be mandatory to go with a lawyer. Simply proving your identity would be enough.
In fact, it is very important for the lawyer who knows your case to have more specific details about the procedure, since otherwise it will be difficult to be able to advise you and/or appear in person during the procedure to gather information and prepare your case. If you have been summoned for a trial as a defendant, you must go with a lawyer and a solicitor in the case of a serious crime.
On the contrary, in minor crimes it is not necessary to be accompanied by a lawyer, but it is recommended to achieve better results. In case you have been summoned as a witness, you will not have to go with a lawyer either.
Who summons witnesses in a trial?
Witnesses are brought to trial, either because they voluntarily want to attend to give their testimony in the procedure in question, or because they have been subpoenaed. Witnesses in a trial are summoned, in the same way as the accused, by the court, but through the Judicial Police. However, in some trials, such as labor trials, the interested party may bring witnesses who have not been officially summoned.
What is the role of a witness in a trial?
The main objective of the witness statement is to help justice to clarify the facts and obtain a true and concrete view of what happened. Therefore, the witness in a trial must tell the truth about the facts that he has witnessed or about which he has knowledge. We do not recommend the presence of witnesses who cannot guarantee the version of this part. Not for much bringing witnesses means that they declare in your favor. Moreover, in many cases we have seen that legal proceedings can be won and lost by the participation of witnesses.
What does a witness have to do in a trial?
The witness must testify at the trial when the Judge deems it appropriate, answering the questions that are made to him, only with the truth, even to his own detriment. Before testifying, the witness must swear or promise that they will tell the truth in their story, except in the case of minors. In the event that the witness does not consciously tell the truth, he may be punished with the crime of perjury.