Rule 9 Witness summons
Northern Ireland
Subject to paragraph (2), where any party to any action or other proceedings desires a person to be summoned as a witness to give oral evidence at the hearing in court or to produce at the hearing in court a document in his possession or control, a chief clerk F1..., or other officer of the court authorised by him for the purpose, shall, on the application of the party, issue a witness summons in Form 110 together with a copy thereof.
Where the chief clerk has reason to believe that any application for a witness summons, not being an application by a party through his solicitor, is frivolous or vexatious, he may refer the application to [f1 the judge or district judge as the case may be] and [ the judge or district judge as the case may be] may thereupon direct the issue of the summons or otherwise deal with the matter as to him seems just.
The applicant shall, if the chief clerk or other such officer as aforesaid so requests, produce the civil bill or other originating process.
Each original summons shall bear a stamp of the prescribed amount and each such summons and each copy thereof shall be entitled as in the civil bill or other originating process to which it relates and shall contain the name of one witness only but, where the application is made by a party through his solicitor, may as regards the name of the witness be issued in blank.
Unless [ the judge or district judge as the case may be] otherwise directs, the summons shall, a reasonably time before the day fixed for the hearing, be served by the delivery of a copy thereof to the witness personally by—
a process server for the district in which the witness resides; or
the solicitor for the party issuing the summons or a solicitor acting as an agent for such solicitor or some person over sixteen years of age employed by either solicitor to serve the document.
Where the summons is to be served by a process server, any money to be paid or tendered under paragraph (7) shall be sent to him together with the summons and the copy thereof.
f2 Subject to sub-paragraph (b) there shall be paid or tendered to the witness at the time of service of the summons [f3 the fee set out in paragraph (7A)] for a police officer or [f4 . . .] for any other person and, in addition, a sum reasonably sufficient to cover his expenses in travelling to and from the court,
in proceedings under Rule 4 or 5 of the Order 40 there shall be paid or tendered to the defendant at the time of service of the summons a sum reasonably sufficient, to cover his expenses in travelling to and from the court.]
The sum to be paid or tendered under paragraph (7)(a) to—
a police officer is £17.00; and
any other person is £23.00.
The endorsement of service of a witness summons shall be in Form 111.
Annotations
Textual amendments
- F1
Words in Order 24 rule 9(1) omitted (31.10.2016) by virtue of The County Court (Amendment) Rules (Northern Ireland) 2016 (S.R. 2016/302), rules 1, 3(6)(a); S.R. 2016/387, art. 2
- F2
Order 24 rule 9(7A) substituted (26.11.2025) by The County Court (Amendment) Rules (Northern Ireland) 2025 (S.R. 2025/171), rules 1, 3(2)
Footnotes
- f1
-
Words amended by S.R. 2013 No. 19 with effect from 25.02.13
- f2
-
Rule 9(7) substituted by S.R. 1982 No. 120 with effect from 01.06.82
- f3
-
Figure substituted by S.R. 2013 No. 19 with effect from 25.02.13
- f4
-
Figure omitted by S.R. 2013 No. 19 with effect from 25.02.13