Rule 34.5 Time for serving a witness summonsI1
England and Wales
The general rule is that a witness summons is binding if it is served at least 7 days before the date on which the witness is required to attend before the court or tribunal.
The court may direct that a witness summons shall be binding although it will be served less than 7 days before the date on which the witness is required to attend before the court or tribunal.
A witness summons which is—
served in accordance with this rule; and
requires the witness to attend court to give evidence,
is binding until the conclusion of the hearing at which the attendance of the witness is required.
Annotations
Commencement
Notes on Part 34
Textual amendments
- 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)
Notes on
Textual amendments
- 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)