Expenses and losses incurred complying with summons
19.08 Expenses and losses incurred complying with summons
(1) A person is not required to comply with a summons for production or a summons to give evidence unless the person has been provided with a reasonable sum of money for his or her costs, as mentioned in section 194(1)(c) of the Evidence (National Uniform Legislation) Act 2011.
If a person:
is not a party to the proceeding; and
(b) reasonably incurs expense or loss in complying with a summons for production that is more than the costs mentioned in subrule (1);
the Court may order that the party who served the summons for production must pay to the person an amount in respect of the expense or loss.
(3) If a person who attends in answer to a summons to give evidence, before taking the oath as a witness, requests the Court to fix an amount to be paid to him or her in respect of expense incurred in attending as a witness, the Court must do so.
(4) A witness referred to in subrule (3) is not to be compelled to give evidence until the Court is satisfied that proper arrangements have been made for the payment of the amount fixed by the Court.
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