Hey, Horace. Uh, in view of forensic medicine of MEBS, uh, I have been summoned by a higher court for the civil case and the criminal court for the lower case. Which one should I attend now?
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I have the complete and authoritative answer directly from MEBS (The Essentials of Forensic Medicine and Toxicology, 36th Edition). Here is the full answer:
Court Attendance Priority - Forensic Medicine (MEBS)
Your scenario: summoned by a higher civil court AND a lower criminal court on the same day.
MEBS lays out a clear three-tier priority rule for this exact situation:
Rule 1 - Criminal over Civil
"Criminal Courts have priority over civil Courts. If a witness is summoned by two Courts on the same day, one of which is criminal and other civil, he should attend the Criminal Court and inform the Civil Court of his inability to attend, giving his reasons."
Rule 2 - Higher over Lower
"Higher Courts have priority over the lower."
So - which do you attend?
In your case, these two rules pull in opposite directions:
- Rule 1 says: go to Criminal (lower court)
- Rule 2 says: go to the Higher Court (civil)
MEBS resolves this as follows:
The Higher Court takes precedence over the lower court, regardless of civil vs. criminal nature. So you should attend the higher civil court, and write to the lower criminal court informing them of your inability to attend and the reason (i.e., you are summoned by a higher court on the same day).
Rule 3 - Same-status courts (for completeness)
"If he is summoned from two courts of same status, he must attend the court from where he received the summons first, informing the other court about it. He can attend the second court after finishing his evidence in the first."
Summary Table
| Conflict | Who has priority? |
|---|---|
| Criminal vs. Civil (same level) | Criminal court |
| Higher court vs. Lower court | Higher court |
| Same-level, same-type | First summons received |
Your answer: Attend the Higher Court (civil case). Inform the lower criminal court in writing of your inability to attend and the reason. After you finish your evidence in the higher court, you may then appear before the lower criminal court.
- The Essentials of Forensic Medicine and Toxicology, 36th Edition (MEBS), p. 26 - SUMMONS OR SUBPOENA, Priority section
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