491Refusal of person to attend or to be sworn

### 491 Refusal of person to attend or to be sworn > > (1)  If a person summoned by subpoena to attend for examination before an examiner fails or refuses to attend, refuses to be sworn or refuses to answer any lawful question, a certificate of the failure or refusal, signed by the examiner, is to be filed in the registry. > > > (2)  On the filing of a certificate, the Court or a judge, on the application of the party requiring the person to attend, may make an order directing the person to attend, to be sworn or to answer any question. > > > (3)  An application under [subrule (2)](#GS491@Gs2@EN) may be made *ex parte* or on notice.