If a witness is unable to attend trial and this occurs within 14 days, what should be done?

• A. Within seven days issue and serve a witness summons and provide travelling expenses and loss of time compensation
• B. Do nothing
• C. Postpone trial
• D. Hire a new witness

Answer: (A)

When a key witness cannot attend a trial that is close, the remedy is to compel attendance by issuing a witness summons and arrange for the witness’s reasonable travelling expenses and loss of time. The idea is to secure the witness’s presence despite the short notice, so the trial can proceed without undue delay. The summons should be issued within seven days to ensure proper notice and to address the near-date timing. This approach protects the party’s ability to present their case and helps avoid prejudice due to the witness’s absence. Doing nothing risks prejudicing the case, postponing the trial is a possible option but not the required step in this scenario, and hiring a new witness isn’t a remedy for a missing existing witness.