A client who wishes to issue a summons for a key witness for their RAD hearing asks who is responsible for the applicable witness fees and travel expenses. What should the RCIC advise?
By hand.
Delivering a summons by hand ensures that the witness receives it directly, providing clear evidence of receipt and compliance with legal procedures, which is crucial for the validity of the summons in the context of a RAD hearing.
While using a courier service may seem reliable, it does not guarantee that the witness personally receives the summons. The legal requirement often specifies that the summons must be delivered directly to the individual, which a courier does not always accomplish, as it can be left with someone else or not delivered to the right person.
Sending a summons by mail is generally considered less secure than hand delivery. There is no confirmation that the witness received the summons, and it may not adhere to the necessary legal standards for direct personal service, which could jeopardize the hearing proceedings.
Faxing a summons does not constitute proper legal service in most jurisdictions, as it lacks the necessary personal delivery component. Although it may provide quick communication, it does not fulfill the requirement of delivering the summons directly to the witness, which is essential for ensuring the witness is aware of their obligation to appear.
Properly delivering a summons is crucial in legal proceedings, particularly in a RAD hearing. Hand delivery is the most effective method, as it provides proof of receipt and meets legal standards for direct service. Other methods, such as courier, mail, or fax, fail to ensure that the witness personally receives the summons, potentially undermining the legal process.
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