Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) If you want to
require someone to give evidence or to produce something at the trial of your
case, you must lodge a request for the Court to issue a witness summons.
(2) Your request must
be in the approved form and must be accompanied by —
(a) a
draft witness summons, in the approved form, that requires the witness to
attend the Court to give oral evidence in the case; or
(b) a
draft witness summons, in the approved form, that requires the witness to
attend the Court and produce to the Court evidentiary material that is
relevant to the case.
(3) If the Court
issues the requested witness summons, you must lodge and serve the witness
summons on the witness at least 14 days before the trial date.
(4) The witness
summons must be served personally.
(5) You must ensure
that at the time the witness summons is served on a witness, or at a
reasonable time before the attendance date —
(a) an
amount that is likely to be sufficient to meet the reasonable expenses of
attending the Court is tendered to the witness;
(b)
arrangements to enable the witness to attend the Court are made with the
witness; or
(c) the
means to enable the witness to attend the Court are provided to the witness.
(6) The person who
serves a witness with the witness summons for you must record how
subsection (3) was complied with on a copy of the witness summons.
(7) If a copy of a
witness summons contains information recorded in accordance with
subsection (4) it is to be presumed that the information is true, unless
the contrary is proved.