Rule 17.5 Application for summons to produce a document, etc.: special rulesI1
England and Wales
This rule applies to an application under rule 17.3 for a witness summons requiring the proposed witness—
to produce in evidence a document or thing; or
to give evidence about information apparently held in confidence,
that relates to another person.
The application must be in writing in the form required by rule 17.4.
The party applying must serve the application—
on the proposed witness, unless the court otherwise directs; and
on one or more of the following, if the court so directs—
a person to whom the proposed evidence relates, and
another party.
The court must not issue a witness summons where this rule applies unless—
everyone served with the application has had at least 10 business days in which to make representations, including representations about whether there should be a hearing of the application before the summons is issued; and
the court is satisfied that it has been able to take adequate account of the duties and rights, including rights of confidentiality, of the proposed witness and of any person to whom the proposed evidence relates.
[Note. Under section 2A of the Criminal Procedure (Attendance of Witnesses) Act 1965f1, a witness summons to produce a document or thing issued by the Crown Court may require the witness to produce it for inspection by the applicant before producing it in evidence.]
Annotations
Commencement
Footnotes
- f1
1965 c. 69; section 2A was inserted by section 66 of the Criminal Procedure and Investigations Act 1996 (c. 25).