Failure to comply with subpoena—contempt of court
33.12 Failure to comply with subpoena—contempt of court
(cf SCR Part 37, rule 12)
Failure to comply with a subpoena without lawful excuse is a contempt of court and the addressee may be dealt with accordingly.
Despite rule 33.5(1), if a subpoena has not been served personally on the addressee, the addressee may be dealt with for contempt of court as if the addressee had been so served if it is proved that the addressee had, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.
Subrules (1) and (2) are without prejudice to any power of the court under any rules of the court (including any rules of the court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.
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