Default of witness
41.10 Default of witness
(1) Where a person has been required by subpoena to attend before an examiner not being a Judge or an Associate Judge and the person fails or refuses to attend or the person refuses to take an oath for the purposes of the examination or to answer a lawful question or to produce a document or thing or to sign the person's deposition if requested under rule 48.08(1), the examiner shall, at the request of a party, give to the party a certificate, signed by the examiner, of the failure or refusal.
(2) On the filing of the certificate the Court may order the person:
(a) to attend before the examiner or to take an oath or to answer the question or to produce the document or thing, as the case may be; and
(b) to pay the costs occasioned by the person's failure or refusal.
(3) An application for an order under subrule (2) shall be made with notice to the person against whom the order is sought, unless the Court otherwise orders.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.