The Employment and Labour Relations Court (Procedure) Rules

Rule 58 of The Employment and Labour Relations Court (Procedure) Rules: Witness summons

(1) The Court may, either on its own motion, or at the request of a party, summon for examination any
person who has information relevant to any of the issues before it.
(2) The Court may direct a party applying for witness summons to be responsible for service and to pay
such money as is sufficient to cater for the expenses of the witness including travel and subsistence
allowances at a reasonable rate determined by it.
(3) The summons Tor examination shall, be signed by the Registrar and shall—
(a) require the person named in the summons to appear before the Court;
(b) state the date, time and place at which the person is required to attend;
(c) specify whether attendance is required for the purpose of giving evidence or to produce a
document or both; and
(d) sufficiently identify any book, document or object required to be produced by that person;
(4) The Court shall administer an oath or accept an affirmation from a person summoned to give
evidence before it.
(5) Where a person to whom summons is issued fails to attend Court and an affidavit of service is filed,
the Court may issue a warrant of arrest, summon the person and if that person fails to provide a
good reason to the satisfaction of the Court, it may impose any other penalty it deems fit.
(6) Witness summons shall be in Form 5 as set out in the First Schedule.

Check the current authoritative text and amendment history before relying on this provision.

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