Rule 149K Application for a witness summons

Northern Ireland

(1)

This rule applies to an application under Article 118A of the Order for the issue of a witness summons.

(2)

Subject to paragraphs ([^f18]) to (10), the application shall be made in writing, and shall—

(a)

contain a brief description of the stipulated evidence, document or thing;

(b)

set out the reasons why the applicant considers that the stipulated evidence, document or thing is likely to be material evidence;

(c)

set out the reason why a witness summons should be issued to secure the attendance of the directed person to give evidence or to produce the document or thing;

(d)

be accompanied with a draft Form 85A; and

(e)

if the witness summons is proposed to require the directed person to produce a document or thing—

(i)

inform the directed person of his right under paragraph (5) to make representations in writing and at a hearing; and

(ii)

state whether the applicant seeks a requirement to be imposed under Article 118B of the Order (power to require advance production) and, if such a requirement is sought, specify the place and time at which the applicant wishes the document or thing to be produced.

(3)

The application shall be supported by an affidavit—

(a)

setting out any complaint on which the proceedings concerned are based;

(b)

specifying the stipulated evidence, document or thing in such a way as to enable the directed person to identify it;

(c)

specifying grounds for believing that the directed person is likely to be able to give the stipulated evidence or, to produce the stipulated evidence, document or thing;

(d)

specifying grounds for believing that the stipulated evidence is likely to be material evidence or, as the case may be, that the stipulated document or thing is likely to be material evidence.

(4)

The application and the supporting affidavit shall be served on the clerk of petty sessions and the directed person.

(5)

The directed person may, within 7 days of receiving a copy of the application under paragraph (4), inform, in writing, the clerk of petty sessions whether or not he wishes to make representations, concerning the issue of the witness summons proposed to be directed to him, at a hearing and may also serve written representations on the clerk of petty sessions.

(6)

The clerk of petty sessions shall—

(a)

if the directed person indicates that he wishes to have the application considered at a hearing, fix a time, date and place for the hearing;

(b)

if the directed person does not indicate in accordance with paragraph (5) that he wishes to make representations at a hearing, refer the application to the court for determination with or without a hearing;

(c)

notify the applicant, and where sub-paragraph (a) applies, the directed person of the time, date and place fixed for any hearing of the application.

(7)

A hearing under this rule may, if the court so directs, take place in private and the reasons for granting or refusing the application shall be recorded in the Order Book.

(8)

In the case of an application for a witness summons which it is proposed shall require the directed person to give evidence but not to produce any document or thing, that application may, with the consent of the court, be made orally to the court and, in such a case—

(a)

paragraphs (3) to (7) shall not have effect; and

(b)

the application shall, in addition to the matters set out in sub-paragraphs (a) to (d) of paragraph (2), specify—

(i)

any complaint on which the proceedings concerned are based; and

(ii)

the grounds for believing that the directed person is likely to be able to give the stipulated evidence.

(9)

Subject to paragraph (10) and rule 149L, in the case of an application for a witness summons which it is proposed shall require the directed person to produce any document or thing and which is made within 7 days of the date fixed for hearing the proceedings, the clerk of petty sessions shall refer the notice of application to the court to determine or, give such directions as it considers appropriate, and paragraphs (2)(e)(i) and (4) to (6) shall not have effect.

(10)

In the case of an application for a witness summons which it is proposed shall require the directed person to produce any document or thing and which is made during the course of proceedings, such application shall be made orally to the court to determine the application or to give such directions as it considers appropriate, and in such a case—

(a)

paragraphs (3) to (7) shall not have effect; and

(b)

the application shall, in addition to the matters set out in sub-paragraphs (a) to (d) of paragraph (2), specify the grounds for believing that the directed person is likely to be able to produce the document or thing.

Annotations

Footnotes

f1: Number substituted by S.R. 2014 No. 221 with effect from 5.09.14