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r 23.06

Summons for production before hearing date fixed

In force
Chapter 1General Rules
Part 23Witness summons

23.06 Summons for production before hearing date fixed

(1) Where the Court has not fixed a date for the hearing of proceedings, a party to the proceedings must seek the leave of the Court to file and serve a summons for production.

(2)

An application for leave under subrule (1) is to be made:

(a)

at a prehearing conference; or

(b)

under Part 25.

(3) Where the Court gives leave under this rule for a party to file and serve a summons for production, the party must specify in the summons the date for attendance at Court, being a date:

(a)

when the Court hears interlocutory matters; and

(b) that allows the person ordered to attend a reasonable time in which to comply with the summons.

(4) Where a party files a summons for production under this rule, a registrar must:

(a)

sign and seal each copy of the summons; and

(b)

issue the summons.

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