District Courts Rules 2009

3.27 Refusal to attend and be sworn

• 3.27.1 This rule applies if a witness refuses to—

  • (a) attend; or

  • (b) be sworn; or

  • (c) answer any lawful question; or

  • (d) produce any document.

  3.27.2 The Registrar must make and sign a certificate of refusal and file it in the court.

  3.27.3 The party requiring the attendance of the witness may apply to a Judge for an order directing the witness to do 1 or more of the following:

  • (a) attend:

  • (b) be sworn:

  • (c) answer any question:

  • (d) produce any document.

  3.27.4 The Judge may make any order the Judge thinks fit.

  3.27.5 When the examination of each witness has been concluded, the Registrar must read the deposition to the witness, and they must both sign each page. If the witness refuses to sign the deposition, the Registrar must make a note of the refusal on the deposition, and the deposition may be tendered in evidence, even though it is not signed by the witness.

  3.27.6 Forms 16 and 17 must be attached to the depositions, and those documents together with any exhibits suitably marked and the certificate of costs in accordance with rule 3.28 must be sent to the office of the court at which the trial of the proceeding is to take place.

  Compare: SR 1992/109 r 380