Application for witness summons to produce a document, etc: judge advocate’s assessment of relevance and confidentiality
26.—(1) This rule applies where a person served with an application for a witness summons requiring the proposed witness to produce in evidence a document or thing objects to its production on the grounds that—
(a)it is not likely to be material evidence; or
(b)even if it is likely to be material evidence, the duties or rights, including rights of confidentiality, of the proposed witness or of any person to whom the document or thing relates outweigh the reasons for issuing a witness summons.
(2) The judge advocate may require the proposed witness to make the document or thing available for the objection to be assessed.
(3) The judge advocate may invite—
(a)the proposed witness or any representative of the proposed witness; or
(b)a person to whom the document or thing relates or any representative of such a person,
to help the judge advocate assess the objection.