A 28
CAP. 336]
District Court Civil Procedure (General) Rules
[1983 Ed.
[Subsidiary]
(Cap. 336, sub. leg.)
give evidence on the hearing of a cause, and writs of subpoena may for that purpose be issued out of the registry in which the judgment summons is issued.
(3) Where the judgment debtor appears at the hearing, the travelling expenses paid to him may, if the judge so directs, be allowed as expenses of a witness, but if the judgment debtor appears at the hearing and no order of commitment is made, the judge may allow to the judgment debtor, by way of set-off or otherwise, his proper costs, including compensation for loss of time, as upon an attendance by a defendant at a trial in court.
(4) Where a new order or an order of commitment is made, the Registrar shall send notice of the order to the judgment debtor.
(5) An order of commitment shall be directed to the bailiff, for execution by him.
(6) Unless the judge otherwise directs, the judgment creditor's costs of and incidental to the judgment summons shall be fixed without taxation in accordance with the following provisions-
(a) Subject to sub-paragraph (c), where the amount in respect of which the judgment summons is issued is paid before the hearing there may be allowed-
(i) the court fees paid by the judgment creditor,
(ii) any travelling expenses paid to the judgment debtor, and
(iii) if the judgment creditor is represented by a solicitor, such sums as the court may order in respect of the solicitor's charges.
(b) Where an order is made on the hearing and the judgment creditor is awarded costs, there may be allowed-
(i) the court fees paid by the judgment creditor;
(ii) subject to paragraph (3), any travelling expenses paid to the judgment debtor,
(iii) if the judgment creditor is represented by solicitor without counsel, such sum as the court may order in respect of the solicitor's charges, and
(iv) if the judgment creditor is represented by solicitor and counsel, such sums as the court may order in respect of the solicitor's charges and counsel's fees.
(c) Where the amount in respect of which the judgment summons is issued is paid too late to prevent the attendance of the judgment creditor or, as the case may be, his solicitor or counsel, at the hearing, the sums specified in sub-paragraph (b) may, if the judge so orders, be allowed instead of the sums specified in sub-paragraph (a).
(d) Where the costs of and incidental to a judgment summons are directed to be taxed, the District Court Civil Procedure