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SCHEDULE 1The Rules of the Supreme Court (Northern Ireland) 1980

TRIAL

ORDER 38EVIDENCE

II. WRITS OF SUBPOENA
Form and issue of writ of subpoena

12.—(1) A writ of subpoena must be in Form 24, 25 or 26 in Appendix A. whichever is appropriate.

(2) Issue of a writ of subpoena takes place upon its being sealed by an officer of the appropriate office.

(3) Before a writ of subpoena is issued a praecipe for the issue of the writ must be filed in the office out of which the writ is to issue; and the praecipe must contain the name and address of the party issuing the writ, if he is acting in person, or the name or firm and business address of that party's solicitor.

[E.r. 14]

More than one name may be included in one writ of subpoena

13.  The names of two or more persons may be included in one writ of subpoena ad testicandum.

[E.r. 15]

Amendment of writ of subpoena

14.  Where there is a mistake in any person's name or address in a writ of subpoena, then, if the writ has not been served, the party by whom the writ was issued may have the writ re-sealed in correct form by filing a second praecipe under rule 12(5) indorsed with the words “Amended and re-sealed”.

[E.r. 16]

Service of writ of subpoena

15.  A writ of subpoena must be served personally and, subject to rule 17, the service shall not be valid unless effected within 12 weeks after the date of issue of the writ.

[E.r. 17]

Duration of writ of subpoena

16.  Subject to rule 17, a writ of subpoena continues to have effect until the conclusion of the trial at which the attendance of the witness is required.

[E.r. 18]

Writ of subpoena in aid of inferior court or tribunal

17.—(1) The office of the Supreme Court out of which a writ of subpoena ad testificandum or a writ of subpoena duces tecum in aid of an inferior court or tribunal may be issued is the Crown Office, and no order of the Court for the issue of such a writ is necessary.

(2) A writ of subpoena in aid of an inferior court or tribunal continues to have effect until the disposal of the proceedings before that court or tribunal at which the attendance of the witness is required.

(3) A writ of subpoena issued in aid of an inferior court or tribunal must be served personally.

(4) Unless a writ of subpoena issued in aid of an inferior court or tribunal is duly served on the person to whom it is directed not less than 4 days, or such other period as the Court may fix, before the day on which the attendance of that person before the court or tribunal is required by the writ, that person shall not be liable to any penalty or process for failing to obey the writ.

(5) An application to set aside a writ of subpoena issued in aid of an inferior court or tribunal may be heard by the Master (Queen's Bench and Appeals).

[E.r. 19]