Court summons to Scotland while living in Germany

I have been summoned to attend court in Scotland as a witness but I don't want to attend. As i live in Pfronten it is a pretty difficult trip to make. Am I in a position to decline this or what?
Thanks for any replies.
Rob

Courts usually don't issue a summons along the lines of, "show up if you feel like it, or if it's convenient." Is it a murder trial or just a parking ticket?

If you do not turn up, you may find that yo have a warrant for your arrest issued..

You may well get fined for non attendance too..

How did they serve you? I don't know shit about Uk Law, but generally speaking a court can't send a letter to someone in a different country and tell them to show up in court. They can ask and ask in a way that sounds like you have to do it. If they do require your attendance they should reimburse your expenses.

Again I am not a UK lawyer, but if I were you I would probably talk to one.

This might help you... Attendance of Witnesses Act 1854

I would agree with silty on this one - whilst the summons is legally binding, you may well stand a better chance of getting out of it of it is a case regarding a minor offense and you are one of a number of witnesses... Is there a number on the summons you could ring on Tuesday?

Good work Spider. So looks like they have to serve you in the UK and provide you suitable cash to get to the court. Did both of these happen?

A Scottish summons is not binding in Germany.

in SpiderPig's link. Looks to me like you don't have to go. But of course, contact them and ask. Email maybe, get it in writing.

It would be if they applied through the European courts...

Where's Jimbo when you need him?

In that case the European Courts would have to issue the summons.

Why aren't the courts open today?
Typical bad German service!

Courts are also closed today in Connecticut, Delaware, Hawaii, Indiana, Louisiana, New Jersey, North Carolina, North Dakota and Tennessee. Kentucky has a half day off. Bad service?

source: http://www.state-journal.com/news/article/3498881

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Meanwhile I'd be tempted to start planning a nice holiday in Scotland, with travel paid for by Her Majesty. If the court thingie doesn't last very long and isn't very stressful, then just add a week.

And I suspect your German employer would have to give you free time off work as well!

I had to attend court in England as a witness when I lived in Sweden several years ago. The CPS paid the full costs for the multiple trips back and forth (it was cancelled/postponed twice at the last minute before it finally went to court).

This was never an issue for them that I was living in another country, and I just provide full receipts, filed the claim and got the money back.

Hmmm... I think I'm off to Mallorca or Sardinia or something to witness some crimes

I used to work for a law firm in the UK and they were always aranging travel for witness' overseas or whatever and accommodation.

If you explain why you cannot (not don't want to!) attend possibly you will be interviewed by a German court under International Legal Cooperation (Internationale Rechtshilfe), the main reason being that it will keep the costs of the court procedures down. You will receive a summons from German court and a German judge will interview you with either a minutes-taker or a recording device. Or you may be requested to submit the answers to the questions in writing and sign a sworn affidavit as to the vericy of the testimony. In this case, the questions must be submitted in a language that you command. If you receive a summons for a live interview please point out if your German skills are not adequate to respond to the court's questions and request the presence of a sworn interpreter. Bring along any documents that can boost your evidence or assist your memory. BUT: Do not ever, EVER hand over documents without a court order! You are entitled to a certain remuneration for missed working hours, make sure that the court/judge signs your confirmation.

Gratuitous legal advice: Under German (!) law you are obliged to appear for the interview. BUT: If you can incriminate yourself by your testimony I strongly recommend contacting an experienced international counsel before responding to the summons. Because under German (!) law you are not obliged to give testimony that may incriminate you.

Summary: Contact a lawyer if you are not sure about what the contents of your testimony may imply. Boost your memory with written documentation but do not hand it over without a court order. Contact the court and explain why you cannot travel to Scotland without their covering your costs (hey, they want you, they pay!) and ask if being interviewed in Germany but in a language that you command might fulfill the purpose.


For Judas' sake, honey, you know that you are in a Christian country and that Easter is the highest Christian holiday! It's not service, it's trying to reconcile the Last Supper with Jebus and his 12 apostles with the fact the Friday the 13th (hint: 1 + 12) is unlucky in the Western hemisphere. They need time to do that!

I'm going to call them today. A copper called round the house of my parents in England, that's how it was issued. Not sure on the severity scale where this one lies. It involves a man who hit a woman, his wife or girlfriend i believe with a little girl present. Infact I didnt even see that much, i just saw him acting aggressive toward her. Don't know if the severity of the crime makes any difference as the police want me to come for a good reason.

And your parents did not respond that you were living out of the country? Assume you officially registered in Germany (yes I know there is no registering/deregistering in UK...)?