New South Wales Consolidated Acts

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EVIDENCE ACT 1995 - SECT 194

Witnesses failing to attend proceedings

194 Witnesses failing to attend proceedings

(1) If a witness fails to appear when called in any civil or criminal proceedings and it is proved that he or she has been duly bound by recognisance or served with a summons or subpoena, the court may:
(a) order the witness to show cause at those or later proceedings why execution of the recognisance or an attachment for disobedience to the summons or subpoena should not be issued against the witness, or
(b) if it is proved that the non-appearance is without just cause or reasonable excuse and that the witness will probably be able to give relevant evidence in the proceeding, issue a warrant to bring the witness before the court to give the evidence.
(2) Matters may be proved under this section orally or by affidavit.
(3) On return of an order to show cause under this section the court may deal with the case in the same way as the Supreme Court would deal with an order to similar effect made by that Court.
(4) In this section,
"recognisance" includes a bail acknowledgment within the meaning of the Bail Act 2013 .
Note : The Commonwealth Act does not include an equivalent provision to section 194. There are provisions to the same effect in federal court rules and ACT legislation applying to proceedings before federal courts and ACT courts.



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