The County Court Rules 1981

PART III —SUMMONING AND EXAMINATION OF WITNESSES

Witness summons

12.—(1) Where a party to an action or matter desires a person to be summoned as a witness to give oral evidence or to produce a document in his possession, custody or power, the proper officer shall, on an application made by the party in accordance with paragraph (2), issue a witness summons, together with a copy.

(2) The applicant shall file a request for the issue of the summons and, if the summons is to be served by an officer of the court, deposit in the court office the money to be paid or tendered under paragraph (7).

(3) The summons shall contain the name of one witness only but may, as regards such name, be issued in blank.

(4) The summons shall be served on the witness a reasonable time before the return day and, subject to paragraph (5), service shall be effected by delivering the summons to the witness personally.

(5) Where the applicant or his solicitor gives a certificate for postal service, the summons shall, unless the registrar otherwise directs, be served on the witness by an officer of the court sending it to him by first-class post at the address stated in the request for the summons and, unless the contrary is shown, the date of service shall be deemed to be the seventh day after the date on which the summons was sent to the witness.

(6) Where the summons has been served by post, the witness shall not be fined for failing to appear on the return day unless the judge is satisfied that—

(a) the summons came to his knowledge in sufficient time for him to appear on that day, and

(b) the money to be paid or tendered under paragraph (7) was sent to him with the summons.

(7) At the time of service of the summons there shall be paid or tendered to the witness the sum of £6 for a police officer and £8.50 for any other person and, in addition, a sum reasonable sufficient to cover his expenses in travelling to and from the court.

Evidence by deposition

13.—(1) The court may, in any action or matter where it appears necessary for the purposes of justice, make an order in the appropriate form for the examination on oath of any person (in this rule called “the witness”) at any place in England and Wales.

(2) The examination may be ordered to take place before any of the following persons (in this rule called “the examiner”), that is to say—

(a) any officer of the court making the order, or

(b) any officer of the court for the district in which the witness resides or carries on business, or

(c) such other person as the court may appoint.

(3) The order shall specify the day and place fixed for the examination and shall be served on the witness personally a reasonable time before the day so fixed and at the same time there shall be paid or tendered to the witness the sums prescribed by rule 12(7).

A copy of the order shall also be sent to every party to the action or matter.

(4) Where the examination is to take place before an officer of a court other than the court making the order, the proper officer of the last-mentioned court shall supply the proper officer of the first-mentioned court with sufficient copies of the order to enable paragraph (3) to be complied with.

(5) Subject to the following paragraphs of this rule, the provisions of the R.S.C. with respect to—

(a) the documents to be furnished to the examiner,

(b) the conduct of the examination,

(c) the making of objections to questions put to the witness,

(d) the taking and signing of the deposition,

(e) the making of a special report by the examiner, and

(f) the reception of the deposition in evidence at the hearing of the action or matter,

shall apply in relation to the examination of a witness pursuant to an order under paragraph (1) as they apply in relation to the examination of a witness pursuant to an order made in a cause or matter in the High Court.

(6) Order 29, rule 1, shall have effect in relation to an order under paragraph (1) as if it were an order in the nature of an injunction.

(7) If the witness refuses to be sworn for the purpose of the examination or to answer any lawful question or produce any document, a certificate of his refusal, signed by the examiner, shall be filed in the office of the court by which the order under paragraph (1) was made, and the party by whom the attendance of the witness was required may apply to the court ex parte for an order requiring the witness to be sworn or to answer any question or produce any document, as the case may be.

(8) The original deposition of the witness, authenticated by the signature of the examiner, shall be filed in the office of the court by which the order under paragraph (1) was made.