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South Africa Law
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Ek is gedagvaar om as getuie in n hof 1200 km van waar ek woon

te verskyn - die saak...
Ek is gedagvaar om as getuie in n hof 1200 km van waar ek woon te verskyn - die saak sloer al van 2005 en is al vele kere uitgestel - ek het nog nooit nodig gehad om getuienis te lewer nie aangesien ek gedetailleerde en volledige verklaring afgele het. Aangesien die staat my roep mag ek net van die bus as vervoermiddel gebruik maak om my bestemming te bereik. Ek voel dis onnodig dat ek my werkstyd afstaan om soveel tyd aan iets af te staan waarby ek geen persoonlike betrokkenheid het nie. Sal bly wees om te hoor of ek die dagvaarding kan teenstaan. Dankie
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Answered in 20 minutes by:
8/21/2013
Shaie Zindel
Shaie Zindel, Attorney
Category: South Africa Law
Satisfied Customers: 1,248
Experience: All areas of commercial and contract Law - specialist in property advice.
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SA-TOPLAW :

Hi Sir - If you don't mind I would like to assist you but my Afrikaans is lacking. Have you been subpoenaed to a civil or criminal hearing and in which Court - Magistrates or High Court?

Customer: Hallo,
Customer: magistrate's court but as I have not yet received the paperwork I'm not sure whether its criminal or civil.
Customer: (Also I am female and not male)
Ask Your Own South Africa Law Question
Apologies Madam - If you haven't received the papers then how do you know youre being subpoenaed? Your best option is to wait for the subpoena and decide if you want to comply or try to set it aside. There are many many examples of subpoenas being set aside in our law. Here is just one example of an attempt to set aside a subpoena because it was too vague: http://www.saflii.org.za/za/cases/ZAGPPHC/2011/153.html Once you have actually received the subpoena I would suggest that you consult an attorney who will consider the subpoena and look for grounds to set it aside. If there are grounds then you can get a local lawyer (wherever the subpoena was issued from) to make the application for you in your name so that you don't have to travel all that way for nothing. I hope this answers your question? Please let me know if I can assist further and please remember to rate my service in the meantime. Regards
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Customer reply replied 4 years ago
Thank you so far - i was contacted telephonically to obtain my address for delivery of papers as I have moved after the last time I appeared in court. I think your information will assist me, but one more question: will I not be legally bound to attend the hearing once I have signed for receiving the subpoena?
Yes - once you are served you must appear - unless there are grounds to set the subpoena aside. So for example if the subpoena is over broad you will send the issuer of that subpoena a notice that it is defective and either they agree to release you in writing or you get an attorney to apply to set the subpoena aside.
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Hope everything is ok - if you haven't already, please remember to rate my service so far!
Shaie Zindel
Shaie Zindel, Attorney
Category: South Africa Law
Satisfied Customers: 1,248
Experience: All areas of commercial and contract Law - specialist in property advice.
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Shaie Zindel
Shaie Zindel
Shaie Zindel, Attorney
Category: South Africa Law
Satisfied Customers: 1,248
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