--(1) If a person served with a witness summons fails to attend court, the court on the application of the party who issued the witness summons may make an order requiring the person to attend and to produce any documents required by the witness summons.
--(2) A party applying for such an order must provide 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.
--(3) 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).
--(4) A person who wilfully disobeys an order made against him under paragraph (1) is guilty of contempt of court.
--(5) 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 140 of 2000.
Back to Part (34. Court Attendance by Witnesses)
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