I am writing to you because I have been summoned to testify in a court case.
Now I have received the letter from one of the lawyers in the trial. I have never been called as a witness before. I would like to know what options I have regarding meeting with the lawyer? Should I meet with him or can I not? What are the rules when you have been called as a witness?
If you are summoned as a witness in a court case, you are obliged to appear, as long as you have been notified at least one week in advance. In criminal cases, you can be summoned as a witness, as long as you are notified the evening before. The lawyer should inform you in the summons about what you will have to give evidence about, if you do not already know about the case. This way you can prepare for the questioning.
The witness must wait outside the courtroom until called in. This is because the witness is not allowed to hear what other witnesses have said and thus be influenced by what others say. However, once the witness has given his or her statement, the witness is allowed to stay and hear the rest of the case.
As a witness, you have a duty to tell the truth. If you lie, you can be imprisoned or fined. The same applies if you do not appear, even if you have received a summons to appear. However, as a witness, you cannot be punished for not being able to remember specific circumstances.
You are not obliged to meet with the lawyer before the hearing, but it is very normal for the lawyer and the witness to talk before the hearing so that both can prepare.
You can only avoid giving evidence if you are related to one of the parties, or if you risk being punished for violations of the law by giving evidence. Priests, lawyers, doctors and journalists are largely exempt from giving evidence, as they are subject to confidentiality.
As a witness, you are entitled to witness compensation. The compensation is DKK 80, plus coverage of transportation expenses. If you can prove that you have lost your earnings, you can have the loss covered.
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