What if my witness refuses to show up?
Short answer
In Quebec, every person is presumed fit to testify and may be compelled to do so (art. 276 of the Code of Civil Procedure); if a witness who was summoned and who received their advance does not appear, the court may order them to pay the costs caused by their default and issue a warrant to bring them before it (art. 274).
In detail
A warrant to bring a witness before the court is executed by a bailiff and authorizes the person to be held in custody until they testify or are released on the conditions set. It is a serious measure, and it is precisely why the summons to appear exists.
Article 277 adds that refusing to take the oath is equivalent to refusing to testify and that, if it persists, that refusal constitutes contempt of court. Article 272 provides that a person present at the hearing may be required to testify as if they had been summoned, and that they cannot refuse on the ground that their expenses were not advanced to them.
Witnesses keep certain protections. Article 278 gives them the right to the court's protection against any attempt at intimidation while testifying and against any abusive examination. The court may also prevent an unrepresented party from examining the other party or a child in certain situations connected to a criminal charge or order.
What to document
The summons to appear that was issued, proof that a bailiff served it, proof that the advance was paid, and a note of your exchanges with the witness (dates, replies, reasons given).
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
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Official sources
Related questions
- Can a witness testify in writing instead of coming to court?
- How do I prepare the questions to ask my witnesses?
- Can I record or film my hearing at the courthouse?
- Can I get the recording of my hearing?
- Is my hearing public and can someone attend?
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.