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PART 14E+WADMISSIONS, EVIDENCE AND DEPOSITIONS

EvidenceE+W

Summoning of witnessesE+W

14.13.—(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.