When a witness summons is binding (CPR 34.5 and 34.7)
Bethany Clarke is the claimant in a County Court claim for unpaid consultancy fees. The trial is listed to start on Monday 6 July 2026. A former colleague, Tomasz Wojcik, saw the key conversation but is reluctant to attend court voluntarily. Bethany's solicitor plans to ask the court to issue a witness summons requiring Mr Wojcik to attend the trial and give evidence.
As a general rule, what must happen for the witness summons to bind Mr Wojcik?
Choose one answer to see the reasoning.
Worked answer
Correct answer A: It must be served at least 7 days before he must attend, with travelling expenses and compensation for loss of time offered or paid on service.
THE RULE TO REMEMBER
A witness summons is generally binding if served at least 7 days before the required attendance, with travelling expenses and compensation for loss of time offered or paid at service (CPR 34.5, 34.7).
When a witness summons is binding (CPR 34.5 and 34.7)
A witness summons is a document issued by the court requiring a witness to attend court to give evidence or to produce documents (CPR 34.2). Under CPR 34.5(1), the general rule is that a witness summons is binding if it is served at least 7 days before the date on which the witness is required to attend before the court. The court may direct that a summons served less than 7 days before is binding (CPR 34.5(2)). CPR 34.7 also requires that, at the time of service, the witness must be offered or paid a sum reasonably sufficient to cover travelling expenses to and from court, and compensation for loss of time as specified in Practice Direction 34A. Bethany's solicitor should therefore make sure the summons is served on Mr Wojcik at least 7 days before 6 July 2026, with conduct money offered at the time of service.
Why B is wrong: Fourteen days is not required; the general rule is at least 7 days before attendance.
Why C is wrong: Twenty-one days is not the rule; the general rule is at least 7 days.
Why D is wrong: The 7-day rule applies unless the court directs otherwise, and expenses must be offered or paid at the time of service, not on arrival.
Why E is wrong: Three days is not the period in CPR 34.5; the general rule is at least 7 days.
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