Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) This rule applies
in the case of a witness summons to produce a record or thing if —
(a) the
summons requires the witness to produce the record or thing to the court on a
date before the trial date; or
(b)
under the CPA section 163 the witness wishes to produce the record or
thing to the court on a date before the trial date.
(2) The witness may
produce the record or thing in person or may send it to the court by post or a
courier.
(3) If the witness
produces more than one record or thing to the court, the witness must give the
court a list of whatever is produced.
(4) If the witness
claims that any record or thing to which the summons relates is privileged,
the witness —
(a) must
apply for an order that the record or thing is privileged; and
(b) must
produce the record or thing to the court at the hearing of the application.
(5) An application
made under subrule (4)(a) must be made as soon as practicable after the
witness is served with the witness summons and in any event on or before the
attendance date in the witness summons.
(6) On receiving the
record or thing produced, a registrar must —
(a)
issue a receipt to the witness for the record or thing; and
(b) keep
the record or thing in safe custody until any application for an order under
the CPA section 163(3) is decided and, subject to any order made on such
an application, until the trial date.
[Rule 39 amended in Gazette
15 Sep 2006 p. 3684.]