The Civil Procedure Rules 1998 No. 3132 (L. 17)

PART 34 E+W [F1 WITNESSES, DEPOSITIONS AND EVIDENCE FOR FOREIGN COURTS]

Textual Amendments

F1 Pt. 34 heading substituted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 12(a)

[F2 I WITNESSES AND DEPOSITIONS] E+W

Textual Amendments

F2 Pt. 34 Section 1 heading inserted (2.12.2002) by virtue of The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 12(c)

Issue of a witness summons E+W

34.3—(1) A witness summons is issued on the date entered on the summons by the court.

(2) A party must obtain permission from the court where he wishes to—

(a) have a summons issued less than 7 days before the date of the trial;

(b) have a summons issued for a witness to attend court to give evidence or to produce documents on any date except the date fixed for the trial; or

(c) have a summons issued for a witness to attend court to give evidence or to produce documents at any hearing except the trial.

(3) A witness summons must be issued by—

(a) the court where the case is proceeding; or

(b) the court where the hearing in question will be held.

(4) The court may set aside^(GL) or vary a witness summons issued under this rule.

Commencement Information

I1 Rule 34.3 in force at 26.4.1999, see Signature