Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) Each party may
procure the attendance of a witness to give evidence or produce documents by
means of a witness summons issued by the court in the form of Form 37 and
served personally on the witness.
(2) For the purposes
of subregulation (1), a witness summons is served personally on a witness
if —
(a) it
is handed to the witness or, if the witness is a person under a legal
disability, to the witness’s parent, guardian or litigation guardian; or
(b) in
the case that the witness or the witness’s parent, guardian or
litigation guardian, as the case may be, does not accept it, it is put down in
his or her presence and he or she is advised of the nature of the summons; or
(c) it
is handed to a person who is authorised in writing to receive documents on
behalf of the witness; or
(d) it
is handed to someone at the witness’s usual or last known place of
residence or business who is believed, on reasonable grounds, to have reached
18 years of age.
(3) A witness who
attends in answer to a summons shall be entitled to —
(a) an
amount that is likely to be sufficient to meet the reasonable expenses of
attending the warden’s court; or
(b)
arrangements to enable the witness to attend the warden’s court; or
(c) the
means to enable the witness to attend the warden’s court.
(4) A witness is not
required to attend unless at the time of the service of the summons
subregulation (3) has been complied with.
[Regulation 127 inserted in Gazette
9 Mar 2007 p. 876‑7; amended in Gazette
15 Jan 2010 p. 115.]