New South Wales Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 24.16

Default of witness

24.16 Default of witness

(cf SCR Part 27, rule 11; DCR Part 25, rule 17)

(1) If a person, required by subpoena to attend before an examiner who is not a judicial officer of the court--
(a) refuses to be sworn for the purposes of the examination, or
(b) refuses to answer any lawful question, or
(c) refuses 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) On the certificate being filed, and on motion by any party, the court--
(a) may order the person to be sworn, or to answer the question or to produce the document or thing, as the case may be, and
(b) may order the person to pay any costs occasioned by the refusal.



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