Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 29.22

Default of witness

             (1)  If a person has been required by subpoena to attend before an examiner, and the person refuses to be sworn for the purpose of the examination or to answer any lawful question, or to produce any document or thing, the examiner must, at the request of any party, give to that party a certificate, signed by the examiner, of the refusal.

             (2)  The party who requested the certificate must file the certificate.

             (3)  The party who has filed the certificate may apply to the Court for an order that:

                     (a)  the person answer the question or produce the document or thing; and

                     (b)  the person pay the costs arising from the person's refusal.

             (4)  If a party, or a party's lawyer, gives an undertaking under subparagraph 29.12(1)(d)(ii) and does not, within 14 days after being sent an account for expenses incurred in relation to the request, pay to the Registrar the amount of the expenses, the Court may without notice make an order that:

                     (a)  the amount of the expenses be paid to the Registrar within a specified period of time; and

                     (b)  the proceeding be stayed, to the extent that it concerns the whole or any part of a claim for relief by the party, until the amount of the expenses is paid.

Note:          Without notice is defined in the Dictionary.



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