What happens if I receive a witness subpoena and do not attend court?

A subpoena or witness summons is a court order, not an invitation. Our guide on being called as a witness explains your duty to attend. This article focuses on one question: what happens if you do not go, and what you should do instead if attending is genuinely difficult.

What is a witness subpoena?

• In civil cases, a subpoena is issued under Order 38 of the Rules of Court 2012. It may require you to give evidence, to produce documents, or both.
• In criminal cases, the Criminal Procedure Code lets the court issue a summons to a witness, and a warrant in some circumstances.

Once you have been properly served, you are legally required to attend on the date and at the court stated, unless the court releases you.

What can happen if I simply do not attend?

A warrant to bring you to court

If a witness who was served fails to attend without good reason, the court may issue a warrant so that the police bring you before the court. This is more common in criminal cases, but it can happen in civil cases too.

Contempt of court

Disobeying a court order, including a subpoena, can be dealt with as contempt of court. Penalties for contempt can include a fine or imprisonment, at the court's discretion.

A possible criminal offence

The Penal Code contains offences for intentionally failing to attend when legally required to do so by a public servant's order. Whether it applies depends on the facts.

Costs and delay

Your absence may cause an adjournment. In civil cases, the court can consider who should bear the wasted costs.

These are outcomes the court decides on the facts. Not every absence leads to a warrant; a genuine emergency, promptly explained, is treated very differently from deliberate avoidance.

Have a question about your own situation? Ask on WhatsApp

What should I do if I genuinely cannot attend?

1. Contact the party who called you immediately: the lawyer named on the subpoena, or the prosecutor. Explain why, honestly.
2. Give evidence of the reason: for example a medical certificate, flight booking made before the subpoena, or a hospital appointment.
3. Ask whether a new date is possible, or whether your evidence can be taken another way. Some courts allow remote hearings in suitable cases; see our guide on online court hearings.
4. Consider an application to set the subpoena aside if it is oppressive, for example if you know nothing relevant or the documents demanded are privileged. This is an application to the court, usually through a lawyer.
5. Keep a written record of what you told them and when.

Do not assume that sending a message is enough. Until the court releases you, the subpoena stands.

What should I prepare?

• The subpoena itself, with the case number, court and date.
• Documents showing why you cannot attend.
• Your availability for alternative dates.
• Any expenses question: in civil cases, conduct money for travel is usually tendered with the subpoena. Ask if it was not.

Common mistakes

• Ignoring the subpoena because you "don't want to get involved".
• Telling only the other side of the case, not the party who called you.
• Relying on a WhatsApp message without confirmation that you are excused.
• Not attending because you fear your evidence: if you worry it may incriminate you, get advice rather than staying away.
• Leaving court early after attending, without permission.

Example

Mr Tan received a subpoena for a civil trial in Johor Bahru on a date when he had to accompany his father for surgery. He called the lawyer named on the subpoena the same day and sent the hospital letter. The lawyer informed the court, and his evidence was rescheduled. Had he simply stayed away, he risked a warrant.

When to speak to a lawyer

Get advice if you want to set aside a subpoena, if you are asked to produce confidential documents such as medical records, if you fear your evidence could expose you to liability, or if a warrant has already been issued. Contact us; every case depends on its facts.

Frequently asked questions

Can I refuse because I am not involved in the dispute?

No. Witnesses are often not parties. If you have truly no relevant knowledge, raise it with the party who called you or apply to set the subpoena aside.

Is a phone call from a lawyer the same as a subpoena?

No. An informal request is not a court order, but it is wise to respond, because a subpoena may follow.

What if I am overseas on the date?

Tell the party who called you as early as possible. The court may consider alternative arrangements; do not simply stay away.

Will I be arrested at home?

A warrant may be executed by the police. Contacting the court or the party promptly is the best way to avoid this.

Can my employer stop me from attending?

A court order generally takes priority. Show your employer the subpoena and ask the lawyer for a letter if needed.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Rules of Court 2012 (P.U.(A) 205/2012), text published by the Malaysian Bar, including Orders 12, 13, 18, 19 and 93
2. Criminal Procedure Code (Act 593), including sections 112, 173 and 257, AGC Laws of Malaysia
3. Penal Code (Act 574), Attorney General's Chambers Laws of Malaysia
4. Office of the Chief Registrar, Federal Court of Malaysia (Judiciary portal)

Fact-checked on 17 Oct 2026