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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 13232
Experience:  Barrister 17 years experience
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I was just wondering can a person subpoena a witness if they

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Good Afternoon I was just wondering can a person subpoena a witness if they go to court to get out of a mental health order?
JA: Because laws vary from place to place, can you tell me what state the subpoena was issued in?
Customer: It hasn't yet but I'm from Dublin ireland
JA: Has anything been filed or reported?
Customer: Not as yet but it's happened before the last time my solicitor didn't even tell me I could go to court to get off it so this time I would like to know my rights
JA: Anything else you want the Expert to know before I connect you?
Customer: No thanks your very good have a great day

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Customer: replied 1 year ago.
No problem I can wait your very good thank you

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

Customer: replied 1 year ago.
Good afternoon or thank you for for your reply can a person subpoena somebody in a mental health case ?

1. Yes, you can subpoena a person to your Mental Health Tribunal for instance, if you wish to provide evidence of your sanity, or for them, to provide evidence of your behaviour, for example. Essentially, the Mental Health Tribunal has full powers to subpoena people to attend and give evidence. However, you need to serve the subpoena in advance of the hearing by the Mental Health Tribunal so as to provide the person subpoenaed with the opportunity to make arrangements to turn up to be heard. Be aware that you can also subpoena a witness to the judicial review of a Mental Health Tribunal. Whilst evidence if normally given on affidavit, you can still require a person to turn up by subpoena and give evidence, particularly if you want to cross-examine them upon the evidence they give. So, be aware that a subpoena can be used in either instance and the person responding to the subpoena can give relevant evidence which will be taken into account in making any determination in relation to you.

2. Thank you for using the website. If you require clarification, I will be happy to help. Please use the buttons at the top of the screen to rate or accept the answer as otherwise your Expert will remain unpaid by the website despite answering your question.

Customer: replied 1 year ago.
what About in a mental health court case?

3. The mental health court case is called a Mental Health Tribunal. So, you can use these procedures of subpoena in all mental health court case. So, if you were to apply for a writ of habaes corpus, you would be able to issue a subpoena. Habaes corpus is an order for liberty.

Buachaill, Barrister
Satisfied Customers: 13232
Experience: Barrister 17 years experience
Buachaill and other Republic of Ireland Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you so much your the first person got to do with law that has been honest i was never told any of that the last time I went to court may God shine on you in all your endeavours

4. You are welcome. Best wishes and thanks for the words of encouragement!