The medical men when needed to provide is summoned to attend at court by a subpoena, a writ commanding attendance under penalty. In civil cases, it is a requisite that the fee known as conduct money should be paid when the summon is delivered. If this is not done, the medical man, though he must attend, may, previous to being sworn, refuse to give evidence until a reasonable amount of fee has been paid. However, it is in criminal cases that doctors are most often required to give evidence, and in such cases they have no choice but to be sworn in and be examined regardless of the issue of fees.
Upon entering the witness stand, and before his/her evidence is taken, the witness will be sworn in. The form in which the oath is administered will depend on the religion of the witness. The court will give the witness a book which the witness considers to be Holy and speak the words of the oath. The witness will repeat the words clause by clause, holding the book. This is a legally binding statement that the witness will speak the truth, the whole truth, and nothing but the truth. In England, the words spoken are: I swear by Almighty God that the evidence I will give in court regarding the matters in question will be the truth, the whole truth, and nothing but the truth.
A witness who objects to the oath will make his statement by affirmation as follows: – I (name of witness) affirm and declare solemnly, sincerely and truly that I will speak the truth, the whole truth and nothing but the truth.
Steps in Civil Case
- Institution of suit
- Issue and service of summons
- Appearance of defendant
- Written statement by defendant
- Replication filed by Plaintiff
- Framing of Issues
Steps in Criminal Case
- Pretrial Proceedings