Rule 34.3 Issue of a witness summonsI1

England and Wales

(1)

A witness summons is issued on the date entered on the summons by the court.

(2)

A party must obtain permission from the court where he wishes to—

(a)

have a summons issued less than 7 days before the date of the trial;

(b)

have a summons issued for a witness to attend court to give evidence or to produce documents on any date except the date fixed for the trial; or

(c)

have a summons issued for a witness to attend court to give evidence or to produce documents at any hearing except the trial.

(3)

A witness summons must be issued by—

(a)

the court where the case is proceeding; or

(b)

the court where the hearing in question will be held.

(4)

The court may set aside^(GL) or vary a witness summons issued under this rule.

Annotations

F1: Pt. 34 heading substituted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 12(a)
F2: Words in Pt. 34 Table of Contents inserted (1.10.2020) by The Civil Procedure (Amendment No. 3) Rules 2020 (S.I. 2020/747), rules 1(1), 9(1)
F3: Words in Pt. 34 Table of Contents inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rule 1(b), Sch. 2 Pt. 1
F4: Words in Pt. 34 Table of Contents omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 12(2) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(f); 2020 c. 1, Sch. 5 para. 1(1)

F1: Pt. 34 Section 1 heading inserted (2.12.2002) by virtue of The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 12(c)