Civil and Administrative Tribunal Rules 2014
34Issue of summons
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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.