What action may result in a warrant being issued for a witness?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

A warrant may be issued for a witness if they abscond or fail to appear under a recognizance because the legal system relies on the witness's presence to ensure a fair trial. Recognizance is a formal agreement in which the witness agrees to appear in court at a specified time and place. If the witness fails to fulfill this obligation, it undermines the judicial process and may impede the ability to conduct a fair and thorough examination of the evidence. Therefore, the court has the authority to issue a warrant in such situations to compel the witness’s attendance.

The other scenarios do not typically warrant the issuance of a warrant. Providing unfriendly testimony does not constitute a reason for a warrant, as witnesses are entitled to share their perspectives, even if they are detrimental to one side's case. A witness being incapable of testifying, due to reasons such as mental incapacity or other valid grounds, does not invoke a legal duty to appear that could lead to a warrant. Similarly, if a witness was not notified of the trial date, they may not be legally accountable for their absence, and this situation does not justify the issuance of a warrant since it is the responsibility of the court or the parties involved to ensure that all witnesses are properly informed about their

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