PART 14ADMISSIONS, EVIDENCE AND DEPOSITIONS

Evidence

Summoning of witnesses14

1

The court may allow or direct any party to issue a witness summons requiring the person named in it to attend before the court and give oral evidence or produce any document to the court.

2

An application by a party for the issue of a witness summons may be made by filing an application notice with includes—

a

the name and address of the applicant and the applicant's solicitor, if any;

b

the name, address and occupation of the proposed witness;

c

particulars of any document which the proposed witness is to be required to produce; and

d

the grounds on which the application is made.

3

The general rule is that a witness summons is binding if it is served at least 7 days before the date on which the witness is required to attend before the court, and the requirements of paragraph (6) have been complied with.

4

The court may direct that a witness summons shall be binding although it will be served less than 7 days before the date on which the witness is required to attend before the court.

5

Unless the court directs otherwise, a witness summons is to be served by the person making the application.

6

At the time of service the witness must be offered or paid—

a

a sum reasonably sufficient to cover the witness's expenses in travelling to and from the court; and

b

such sum by way of compensation for loss of time as may be specified in the relevant practice direction.

7

The court may order that the witness is to be paid such general costs as it considers appropriate.