194ECompelling attendance of witnesses or production of documents

### 194E Compelling attendance of witnesses or production of documents > > (1)  If any rule or order is made under [section 194C](#GS194C@EN)  – > > > > > > (a) for the examination of any witness; or > > > > > > > (b) for the issue of a commission for an examination of witnesses within the jurisdiction of the court – > > > > the court or judge, by that rule or order or any subsequent rule or order, may order the attendance of any person named in the rule or order for the purpose of being examined, or the production of any document specified in the order or rule, and may direct the attendance of the person to be at his or her own place of abode, or elsewhere, if necessary or convenient so to do. > > > (2)  If any person served with a copy of the rule or order (whether the copy is served personally or by being left at his or her usual place of abode), without reasonable excuse, disobeys the rule or order, the person is liable as for contempt of court, and – > > > > > > (a) in the case of the Supreme Court or a judge of the Supreme Court, proceedings may be had by attachment; and > > > > > > > (b) in any other case, it is lawful for the court or a judge, if it or he or she thinks fit, by a warrant under the hand of a registrar, to commit the offender to any gaol for 3 months, or to impose a fine not exceeding 5 penalty units and, in default of payment, to commit the offender to any gaol for 3 months unless the fine is paid. > > > (3)  A person is not compelled to produce under the rule or order any document that he or she would not be compellable to produce at the trial. > > > (4)  Any person whose attendance is required is entitled to the same conduct money and payment for expenses and loss of time as upon attendance at a trial. > > > > | Note: This section does not appear in the Evidence Act 1995 of the Commonwealth. |