Supreme Court Rules 1987

(1) Order 42, other than rules 42.03(6) and (7), 42.06(4)(b), 42.09 and 42.10, applies to the issue of a subpoena under section 27A of the Act.

(2) A subpoena to produce documents to the arbitral tribunal may, with the leave of the Court or the arbitral tribunal, require production of the documents on any day.

(3) Unless the Court orders otherwise, a subpoena requiring a person to produce documents to the arbitral tribunal must allow the person to produce them:

(a) to a person, and at a place, nominated in writing by the arbitral tribunal and stated in the subpoena; and

(4) If the person produces the document in accordance with subrule (3), the person nominated must receive it not later than 2 days before the first date on which production before the arbitral tribunal is required.

(5) If a document is produced in accordance with subrules (3) and (4), the person nominated:

(a) if required to do so – must give a receipt to the person producing the document; and

(b) must produce the document as the nature of the case requires or as the arbitral tribunal may direct.

(6) Subrules (3) and (4) do not apply to so much of a subpoena as requires a person to attend for examination before the arbitral tribunal.