405
CurrentDefault of person required to attend
Chapter 11Evidence
Part 2Evidence given out of court
405 Default of person required to attend
(1)
This rule applies if—
(a)
a person has been required by subpoena to attend before an examiner other than a judge or magistrate; and
(b)
the person does not attend or refuses to take an oath for the examination, answer a lawful question or produce a document or thing.
(2)
The examiner must, if asked by a party, give the party a certificate signed by the examiner of the facts mentioned in subrule (1).
(3)
On the filing of the certificate, the court may—
(a)
order the person to attend before the examiner, be sworn, answer the question or produce the document or thing; and
(b)
order the person to pay the costs caused by the person’s refusal.
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