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Uniform Civil Procedure Rules 1999
sec.405Default of person required to attend
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### sec.405 Default of person required to attend
This rule applies if—
a person has been required by subpoena to attend before an examiner other than a judge or magistrate; and
the person does not attend or refuses to take an oath for the examination, answer a lawful question or produce a document or thing.
The examiner must, if asked by a party, give the party a certificate signed by the examiner of the facts mentioned in subrule (1) .
On the filing of the certificate, the court may—
order the person to attend before the examiner, be sworn, answer the question or produce the document or thing; and
order the person to pay the costs caused by the person’s refusal.
r 405 amd 2011 SL No. 296 s 13
(sec.405-ssec.1) This rule applies if— a person has been required by subpoena to attend before an examiner other than a judge or magistrate; and the person does not attend or refuses to take an oath for the examination, answer a lawful question or produce a document or thing.
(sec.405-ssec.2) The examiner must, if asked by a party, give the party a certificate signed by the examiner of the facts mentioned in subrule (1) .
(sec.405-ssec.3) On the filing of the certificate, the court may— order the person to attend before the examiner, be sworn, answer the question or produce the document or thing; and order the person to pay the costs caused by the person’s refusal.
- (a) a person has been required by subpoena to attend before an examiner other than a judge or magistrate; and
- (b) the person does not attend or refuses to take an oath for the examination, answer a lawful question or produce a document or thing.
- (a) order the person to attend before the examiner, be sworn, answer the question or produce the document or thing; and
- (b) order the person to pay the costs caused by the person’s refusal.