Witness in Court leave

Called as a state witness

You are required to attend court if you are summoned or served with a subpoena as a state witness in criminal or civil cases. This may be required as part of your job or in response to a subpoena.

When attending court as a state witness, you are entitled to normal pay, travel, and subsistence expenses (subject to normal rules).

You should ask the prosecuting authority to claim any expenses you are entitled to as a witness.

Called as a witness for non-state parties

If you are served with a summons or subpoena to testify in court on behalf of someone other than the state, you are entitled to special leave with pay.

If you are called as a witness in a case as part of your job, the HSE will pay your travel and subsistence expenses (following standard procedures).

You should ask the prosecuting authority to claim expenses you may be entitled to.

If you are called as a witness in a case unrelated to your job, the HSE will not pay your travel and subsistence expenses. You may keep payment received from the requesting party for witness-related expenses. You should not make a claim for salary recovery or loss of service.

Recall from annual leave

If you are required to attend court as a witness during your annual leave, your annual leave may be adjusted. You should discuss this with your line manager.

You will only be reimbursed for travel expenses if you were unaware of the possible recall from leave, or could not have predicted it when you took leave.

If you are recalled from leave, you will only be paid a subsistence allowance if your normal place of work is unavailable and the recall requirements for annual leave are met.

Travel and Subsistence Regulations (extract) Circular 11/1982 (PDF, 60 KB, 7 pages) - gov.ie

Special arrangements for expert evidence

The above court attendance rules do not apply when special arrangements are made for professional or technical officers to provide expert evidence in court at the request of parties other than the State.

How to apply for court leave

You must let your line manager know as soon as possible that you have been called as a witness and are applying for court leave.

Apply for this leave through HR and Payroll Self Service.

Related content

Travel allowances