1988 Ed.] The Rules of the Supreme Court Order 39
Refusal of witness to attend, be sworn, etc. (O. 39, r. 5)
[CAP. 4
5.
(1) If any person, having been duly summoned by writ of subpoena to attend before the examiner, refuses or fails to attend or refuses to be sworn for the purpose of the examination or to answer any lawful question or produce any document therein, a certificate of his refusal or failure, signed by the examiner, must be filed in the Registry, and upon the filing of the certificate the party by whom the attendance of that person was required may apply to the Court for an order requiring that person to attend, or to be sworn, or to answer any question or produce any document, as the case may be. (2) An application for an order under this rule may be made ex parte.
(3) If the Court makes an order under this rule it may order the person against whom the order is made to pay any costs occasioned by his refusal or failure.
(4) A person who wilfully disobeys any order made against him under paragraph (1) is guilty of contempt of court.
Appointment of time and place for examination (O. 39, r. 6)
6.
(1) The examiner must give the party on whose application the order for examination was made by a notice appointing the place and time at which, subject to any application by the parties, the examination shall be taken, and such time shall, having regard to the convenience of the persons to be examined and all the circumstances of the case, be as soon as practicable after the making of the order.
(2) The party to whom a notice under paragraph (1) is given must, on receiving it, forthwith give notice of the appointment to all the other parties.
Examiner to have certain documents (O. 39, r. 7)
7. The party on whose application the order for examination before the examiner was made must furnish the examiner with copies of such of the documents in the cause or matter as are necessary to inform the examiner of the questions at issue in the cause or matter.
Conduct of examination (O. 39, r. 8)
8. (1) Subject to any directions contained in the order for examination-
(a) any person ordered to be examined before the examiner may be cross-examined and re-examined, and
(b) the examination, cross-examination and re-examination of persons before the examiner shall be conducted in like manner as at the trial of a cause or matter.
(2) The examiner may put any question to any person examined before him as to the meaning of any answer made by that person or as to any matter arising in the course of the examination.
A 149
[Subsidiary]
1988 Ed.] The Rules of the Supreme Court Order 39
Refusal of witness to attend, be sworn, etc. (O. 39, r. 5)
[CAP, 4
5.
(1) If any person, having been duly summoned by writ of subpoena to attend before the examiner, refuses or fails to attend or refuses to be sworn for the purpose of the examination or to answer any lawful question or produce any document therein, a certificate of his refusal or failure, signed by the examiner, must be filed in the Registry, and upon the filing of the certificate the party by whom the attendance of that person was required may apply to the Court for an order requiring that person to attend, or to be sworn, or to answer any question or produce any document, as the case may be. (2) An application for an order under this rule may be made ex parte.
(3) If the Court makes an order under this rule it may order the person against whom the order is made to pay any costs occasioned by his refusal or failure.
(4) A person who wilfully disobeys any order made against him under paragraph (1) is guilty of contempt of court.
Appointment of time and place for examination (O. 39, r. 6)
6.
(1) The examiner must give the party on whose applica- tion the order for examination was made by a notice appointing the place and time at which, subject to any application by the parties, the examination shall be taken, and such time shall, having regard to the convenience of the persons to be examined and all the circum- stances of the case, be as soon as practicable after the making of the order.
(2) The party to whom a notice under paragraph (1) is given must, on receiving it, forthwith give notice of the appointment to all the other parties.
Examiner to have certain documents (O. 39, r. 7)
7. The party on whose application the order for examination. before the examiner was made must furnish the examiner with copies of such of the documents in the cause or matter as are necessary to inform the examiner of the questions at issue in the cause or matter.
Conduct of examination (O. 39, r. 8)
8. (1) Subject to any directions contained in the order for examination-
(a) any person ordered to be examined before the examiner
may be cross-examined and re-examined, and
(b) the examination, cross-examination and re-examination of
persons before the examiner shall be conducted in like manner as at the trial of a cause or matter.
(2) The examiner may put any question to any person exam- ined before him as to the meaning of any answer made by that person or as to any matter arising in the course of the examination.
A 149
[Subsidiary]
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