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Court Procedures Rules
3111Administration and probate—subpoenas
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3111 Administration and probate—subpoenas
(1) In a proceeding under this part, the court may issue a subpoena under
part 6.9 (Subpoenas) requiring a person (the subpoenaed person) to
do either or both of the following:
(a) to bring into the registry or otherwise as directed by the court a
will or other document;
Rule 3112
(b) to attend the court for examination in relation to anything
relevant to the proceeding.
(2) The court must not issue a subpoena mentioned in subrule (1) (a)
unless an affidavit stating that the will or other document is believed
to be in the possession of the subpoenaed person, and the grounds for
that belief, has been filed in the court.
(3) If the subpoenaed person denies that the will or other document is in
the person’s possession, the subpoenaed person must file in the court
an affidavit to that effect.