Rule 177

Summoning of witnesses to the oral hearing

Rules of Procedure

Part 2 – Evidence

Chapter 1 – Witnesses and experts of the parties

Rule 177 – Summoning of witnesses to the oral hearing
  1. The Court may order that a witness be heard in person:
    1. of its own motion;
    2. where a written witness statement is challenged by the other party; or
    3. on an Application for the hearing of a witness in person [Rule 176].
  2. An order of the Court summoning a witness to the oral hearing shall in particular indicate:
    1. the name, address and description of the witness;
    2. the date and place of the oral hearing;
    3. an indication of the facts of the action about which the witness is to be examined;
    4. information about the reimbursement of expenses incurred by the witness;
    5. a statement that the witness will be questioned by the Court and the parties; and
    6. the language of the proceedings and the possibility of arranging simultaneous interpretation between that language and the language of the witness, if necessary [Rule 109].
  3. In its order summoning the witness, the Court shall also inform the witness of his duties and rights as a witness under Rules 178 and 179, including the sanctions which may be imposed on a defaulting witness.

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Relation with Agreement:

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Rule 181 – Experts of the parties