Summons to Witness Small Claims New Brunswick

Your case turns on what a mechanic saw, what a contractor said, or what a neighbour witnessed — and that person will not come to court voluntarily. In New Brunswick Small Claims Court, you can compel their attendance with a Summons to Witness.

When You Need a Summons

Most witnesses attend voluntarily. A brief phone call or letter explaining the hearing date, time, and location is often enough. You only need a Summons to Witness when:

• The witness refuses to attend
• The witness is uncertain and you need the assurance of a legal obligation
• The witness is an employee and needs a formal summons to justify time away from work
• You need to compel a witness to bring specific documents (business records, repair logs, financial records)

A Summons to Witness is a court order. Ignoring it has consequences.

How to Obtain and Serve a Summons

1. Ask the court clerk at your judicial district office to issue a Summons to Witness. The clerk prepares the document, which identifies the witness, the hearing date, and any documents the witness must bring.

2. Serve the summons well in advance of the hearing date. Under Section 50 of the General Regulation, service on an individual may be made by personal delivery, prepaid registered mail or courier, or by leaving it with an adult occupant at the witness's home and mailing another copy there the same or next day.

3. Tender the witness allowance at the time of service. Section 28(3) requires payment then; without offering the allowance, one condition for a Warrant to Apprehend is not met.

Statutory Witness Allowances

The allowances are set by Section 29 of the General Regulation (NB Reg. 2012-103):

Calculate the travel allowance based on the distance from the witness's home to the courthouse. If the hearing is in Moncton and the witness lives in Fredericton (about 180 km each way), the travel allowance alone is $72.00 on top of the $35.00 daily rate.

These amounts are modest, but they are what the law prescribes. You pay the witness directly, in cash or cheque, when you hand them the summons.

What Happens If a Witness Refuses to Attend

A witness who is served and offered the allowance must attend unless they have a lawful excuse. If they do not show up, the Adjudicator may take enforcement steps when the statutory conditions are met:

• Warrant to Apprehend (Form 24) — if the Adjudicator is satisfied that the witness was served, the allowance was offered, and justice requires the witness's presence, the Adjudicator may direct peace officers to apprehend and bring the witness to court.
• Certificate of Adjudicator (Form 25A or 25B) — Form 25A certifies failure to attend; Form 25B certifies refusal to testify or produce documents after attending. The Act makes failure to attend without lawful excuse and certain refusals offences punishable under the Provincial Offences Procedure Act.

The Adjudicator may adjourn the hearing or use the enforcement tools authorized by the Act, depending on the circumstances.

Witnesses Who Must Bring Documents

A Summons to Witness can require the witness to produce specific records — for example, repair shop invoices, medical records, or business accounting files. Specify the documents clearly when you request the summons from the clerk.

If the witness attends but refuses to hand over the requested documents or refuses to answer questions, the Adjudicator can issue a Form 25B certificate, which exposes the witness to penalties.

Tips for Working With Witnesses

• Prepare your witness — explain what the case is about, what questions you will ask, and what the other side might ask during cross-examination. You are not coaching them to change their story; you are helping them understand the process so they can give clear, accurate testimony.
• Keep it brief — the Adjudicator does not need five witnesses saying the same thing. Call only witnesses whose testimony adds something the documents cannot provide on their own.
• Bring spare copies — if your witness is referring to documents, include those documents in the four evidence bundles you are already bringing to the hearing.

Your Next Step

Knowing when and how to summon a witness can make or break a case that depends on third-party testimony. The New Brunswick small claims filing guide covers witness preparation, evidence bundling, and hearing procedure step by step.

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