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    BAMBINO's Avatar
    BAMBINO Posts: 2, Reputation: 1
    New Member
     
    #1

    Feb 5, 2009, 02:44 AM
    Tribunal being held tomorrow
    Hello everyone,

    I am desperate for advice after just being told that I am being issued with a summons today to attend court tomorrow.
    Is this legal and fair! Do I have to attend?

    Thanks in advance.

    Mary:(
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Feb 5, 2009, 04:45 AM

    If you are receive a summons to attend court, then yes you have to go.
    BAMBINO's Avatar
    BAMBINO Posts: 2, Reputation: 1
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    #3

    Feb 5, 2009, 05:40 AM

    Even if you only have less than 24 hours notice?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Feb 5, 2009, 05:50 AM
    Hello B:

    I'd SHOW up, because if you don't, they'll get a default judgment against you. And, although it might be illegal, you're going to have a real hard time reversing it.

    Just tell the judge that you need some time, because you weren't given any.

    You'll get the time you need.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Feb 5, 2009, 06:29 AM
    Quote Originally Posted by tickle View Post
    If you are receive a summons to attend court, then yes you have to go.

    Not in the US - this is not sufficient service if, in fact, the OP has been served with a summons.

    If it's a SUBPOENA that has been served, yes, OP is REQUIRED to appear as long as there is sufficient travel time "built into" the time between the service and the Court date.

    Would it be to OP's advantage to appear and argue that there was insufficient prep time if this is a summons? Sure. Depending on the Court, a call to the Court Clerk might get it adjourned. If it is a summons and a Judgment is taken OP could get that Judgment set aside for bad/insufficient service but that takes time and energy.

    I don't know what the Law is in Canada but I'm surprised by the 24 hour turn around. How does anyone prepare for Court on 24 hours notice?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Feb 5, 2009, 07:33 AM

    Please tell us what it is far, criminal case, or civil, are you a witness or a party to the case.

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