If a crucial witness refuses to testify in a Calgary civil trial, you must formally serve them with a Notice to Attend on a Witness. You are legally required to pay them upfront “conduct money” (typically a daily $50 CAD allowance plus mileage) to compel their appearance in court.
Winning a civil lawsuit often comes down to the quality of your evidence. 🔍 Sometimes, the most important piece of evidence is the testimony of a neutral third party who saw the accident or heard the contract being negotiated. However, attending a trial at the Calgary Courts Centre is intimidating, and witnesses will frequently tell you they “do not want to get involved.”
Fortunately, the Alberta legal system does not rely on volunteers. ⚠ Under the Rules of Court, you have the power to legally force someone to attend your trial and answer questions under oath. By issuing a formal subpoena-known in Alberta as a Notice to Attend on a Witness-you can ensure your crucial witness is on the stand when the judge asks for them.
Step-by-Step Process in Calgary, Alberta
Compelling a witness requires strict adherence to procedural rules. 📍 If you make a mistake in serving the document or fail to provide the correct amount of money, the judge will not force the witness to testify.
Step 1: Draft the Notice to Attend on a Witness
First, you must prepare the correct court form. The Notice to Attend explicitly tells the witness the exact date, time, and courtroom number at the Calgary Courts Centre where they must appear. 📄 You can also use a specific version of this form (a Notice to Attend to Produce) if you need them to bring specific physical documents, like a mechanic’s logbook or corporate emails, with them to the witness stand.
Step 2: Calculate the Required Conduct Money
You cannot legally force someone to travel to court for free. Alberta law requires you to pay the witness “conduct money” at the exact moment you hand them the subpoena. 💲 This money is meant to cover their basic travel expenses and a small daily allowance for meals while they wait to testify.
Step 3: Serve the Witness Personally
The Notice to Attend and the conduct money must be handed directly to the witness. You cannot mail it or leave it with their spouse. 👮 It is highly recommended to hire a professional Calgary process server to handle this step. The process server will swear an Affidavit of Service, proving to the judge that the witness received the money and the legal demand to appear.
How Much Does it Cost in Calgary?
Issuing a Notice to Attend involves specific statutory fees that you must pay to the witness out of your own pocket. 💰 Here is a breakdown of the typical costs in CAD as of May 2026:
- Court Filing Fee: There is generally no court fee to issue a standard Notice to Attend.
- Witness Allowance: Schedule B of the Alberta Rules of Court mandates a daily allowance of $50 CAD for an ordinary witness.
- Travel Allowance (Mileage): If the witness lives within Calgary, you must pay their transit fare or reasonable mileage. If they live out of town (e.g., Red Deer), you must pay travel expenses, often calculated around $0.50 per kilometre, plus overnight hotel costs if necessary.
- Process Server: Hiring a professional to serve the document typically costs $75 to $150 CAD.
| Conduct Money (Daily) | Paid directly to the witness | $50 CAD / day |
| Process Server | Paid to the serving agency | $75 – $150 CAD |
How Long Does the Process Take?
You must give the witness enough time to make arrangements with their employer and family. ⏱ In the Court of King’s Bench, you must serve the Notice to Attend at least 20 days before the scheduled trial date. If you fail to serve them within this window, they are not legally obligated to show up.
Frequently Asked Questions (FAQ)
What happens if they take the money but don’t show up?
If a properly served witness ignores a Notice to Attend, they are in contempt of court. You can show the judge your Affidavit of Service, and the judge can issue a “bench warrant” for the sheriff or Calgary Police to arrest the witness and bring them to court.
Can I force an expert witness, like a doctor, to attend?
Yes, but it is vastly more expensive. Expert witnesses are not bound by the standard $50 daily allowance. You are generally required to pay their professional hourly or daily rate (which can be thousands of dollars) to compel them to give an expert opinion.
Can I subpoena a witness who lives in British Columbia?
Yes, but an Alberta Notice to Attend is not automatically valid in another province. You must apply for an extra-provincial subpoena under the Interprovincial Subpoenas Act, which requires getting permission from courts in both provinces.
Will I get the conduct money back if I win the trial?
Generally, yes. Conduct money and process server fees are considered standard “disbursements.” If you win your lawsuit, the judge will typically order the losing party to reimburse you for these specific expenses.
Leave a Reply