20Issue of summons

20 Issue of summons

(1)  An application by a party to proceedings for a summons under section 104 of the Act must be made in, or to the effect of, the approved form.

(2)  If a summons is issued under section 104 of the Act, 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) if the summons is issued at the direction of the Tribunal – by or on behalf of a registrar; or

(b) if 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 a shorter or longer period that the registrar directs, before the return date specified in the summons, unless the person named in the summons has agreed to the later service of the summons.

(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 set out in 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 by the summons to be produced.

(8)  A copy of a document for the purposes of subrule (6) or (7) may be –