41Justice may summon witnesses to attend and give evidence

### 41 Justice may summon witnesses to attend and give evidence > > (1)  [*\[Section 41 Subsection (1) amended by No. 25 of 2021, s. 6, Applied:29 Nov 2021\]*](/view/html/inforce/2021-11-29/act-2021-025#GS6@EN) A justice may issue a summons to a person requiring him to be and appear as a witness at a time and place mentioned in the summons before such justices as shall then be there to testify what he knows concerning the matter of a complaint or the matter to which an application under [Part XA](#HPXA@EN) of this Act, or [Part 3](/view/html/inforce/2026-04-12/act-2004-067#HP3@EN) or [4](/view/html/inforce/2026-04-12/act-2004-067#HP4@EN) of the [Family Violence Act 2004](/view/html/inforce/2026-04-12/act-2004-067) of the [Family Violence Act 2004](/view/html/inforce/2026-04-12/act-2004-067) , relates. > > > (2)  If the justice is satisfied by evidence upon oath that it is probable that a person whose evidence is desired will not attend to give evidence without being compelled so to do, then, instead of issuing a summons, he may issue a warrant in the first instance. > > > (3)  *\[Section 41 Subsection (3) inserted by No. 108 of 1974, s. 11 \]*A person served with a summons issued under this section may, at any reasonable time before the time at which he is thereby required to appear, apply – > > > > > > (a) [*\[Section 41 Subsection (3) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-076#JS1@Ja39@GC3@EN) where the party responsible for the issue of the summons is a public officer, to a police officer of the rank of commander or a police officer who is in charge, or has for the time being the charge, of a police office or police station; and > > > > > > > (b) in any other case, to the party responsible for the issue of the summons – > > > > to advance him a reasonable sum towards his costs and expenses of attending, and the person applied to shall, subject to [subsection (4)](#GS41@Gs4@EN) , forthwith advance him that sum. > > > (4)  *\[Section 41 Subsection (4) added by No. 108 of 1974, s. 11 \]*A person applied to under [subsection (3)](#GS41@Gs3@EN) may – > > > > > > (a) if he is a public officer or an officer of the Commonwealth, arrange for a witness to use official transport to attend or return from the court; or > > > > > > > (b) where it is reasonable to use public transport to attend or return from the court, provide a witness with a ticket or warrant enabling him so to travel – > > > > in lieu of advancing the witness the costs and expenses of that travel.