--(1) If a person served with a witness summons to attend before an examiner-
----(a) fails to attend;
----(b) refuses to be sworn or to affirm for the purpose of the examination; or
----(c) refuses to answer any lawful question or produce any document at the examination,
--the examiner must sign and file a certificate of his failure or refusal.
--(2) On the certificate being filed, the party requiring the deposition may apply to the court for an order requiring the person to attend, or to be sworn or to affirm or to answer any question or produce any document as the case may be.
--(3) An application for an order under this rule may be made without notice but must be supported by evidence-
----(a) of service of the witness summons; and
----(b) that the person served with the witness summons was paid or offered the payments required by rule 34.7.
--(4) Any order made by the court must be served personally on the witness and be endorsed with a notice in accordance with rule 53.3(b).
--(5) A person who wilfully disobeys an order made against him under paragraph (2) is guilty of contempt of court.
--(6) The court may order the person against whom an order is made under this rule to pay any costs resulting from his failure or refusal.
(Part 53 deals with the procedure to apply to commit a person for contempt of court)
Notes
Amended by Legal Notice 233 of 2005.
Amended by Legal Notice 140 of 2000.
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