34Issue of summons

#### 34 Issue of summons 34 Issue of summons > > (1) An application by a party to proceedings for a summons under section 48 of the Act must be made in or to the effect of the approved form. > > > (2) If a summons is issued, the summons (and any sealed copies of the summons required to be served under subrule (4)) must be served on the person named in the summons— > > > > > (a) where the summons is issued at the direction of the Tribunal—by or on behalf of a registrar, or > > > > > (b) where the summons is issued on the application of a party—by or on behalf of that party. > > > (3) The summons must be served on the person named in the summons at least 5 days (or within such other shorter or longer period as a registrar may direct) before the return date specified in the summons unless the person named in the summons has agreed to the later service of the summons. > > > > Note— > > > > Rule 6 makes provision for the reckoning of time for the purposes of these rules. > > > (4) A sealed copy of the summons must be served on each party to the proceedings before the return date specified in the summons, except as provided by subrule (5). > > > (5) A sealed copy of the summons is not required to be served under subrule (4) on a party to proceedings if the party applied for the summons or is the person named in the summons. > > > (6) A person who is summoned to attend and produce a document or thing is not required to attend the Tribunal if— > > > > > (a) the person delivers or sends the summons or a copy of it and the document or thing to a registrar at the address specified for the purpose in the summons, and > > > > > (b) the document or thing is received not less than 2 clear days before the date specified in the summons for attendance. > > > (7) Unless a summons specifically requires the production of the original, the person summoned may produce a copy of any document required to be produced by the summons. > > > (8) A copy of a document for the purposes of subrule (6) or (7) may be— > > > > > (a) a photocopy, or > > > > > (b) in any electronic form that the party who applied for the summons has indicated will be acceptable.