Division 6 — Witnesses and depositions
Subpoenas
25.—(1)  In any proceedings under Part 3 or Parts 13 to 22 of the Act or these Rules, the Court is to issue a subpoena for the attendance of a witness at the instance of any party to the proceedings or any of the following persons:
(a)the Official Assignee;
(b)the trustee in bankruptcy (if any);
(c)the debtor in question.
(2)  The subpoena may require the witness to produce documents in his or her possession or control.
Service of subpoena
26.—(1)  A sealed copy of a subpoena issued under rule 25(1) must be served personally on the witness in question by —
(a)an officer of the Court;
(b)the person at whose instance the subpoena is issued or that person’s solicitor; or
(c)an employee of the person mentioned in sub‑paragraph (b), or of that person’s solicitor.
(2)  Despite paragraph (1), the subpoena may be served in such manner as is agreed in writing between the witness in question and the person at whose instance the subpoena is issued.
(3)  Unless the Court otherwise orders, the service of the subpoena is not valid unless effected within 12 weeks after the date of issue of the subpoena.
(4)  The subpoena —
(a)must not be served on any person outside the jurisdiction; and
(b)must be served within a reasonable time before the day fixed for the attendance.
(5)  The affidavit of personal service of the subpoena required to be filed in Court under rule 15(4) must state when, where, how and by whom the service was effected.
(6)  A subpoena continues to have effect until the conclusion of the hearing at which the attendance of the witness is required.
Tender of expenses
27.—(1)  A witness may not be compelled to attend on a subpoena unless a reasonable sum to cover his or her expenses of going to, remaining at, and returning from, Court is extended to him or her.
(2)  The reference to a witness in paragraph (1) does not include a reference to an individual or the representative of a body corporate, being the individual or body corporate against whom the proceedings in question are commenced.
Order for examination
28.—(1)  The Court may at any time in any matter make an order for the examination upon oath of any person at any place.
(2)  An order made under paragraph (1) for the examination of any person must be served on the person.
(3)  The examination may be ordered to take place before the Court or an officer of the Court, or any other person that the Court may direct.
(4)  The deposition —
(a)must be taken down in writing; and
(b)may, with the leave of the Court, be used in evidence on such terms (if any) as the Court may direct.
Letters of request
29.  An application for an order for a letter of request to examine witnesses in any proceedings under Part 3 or Parts 13 to 22 of the Act or these Rules, the order and the letter of request must follow the forms for the time being in use in the General Division of the High Court, with such variations as circumstances may require.
[S 1039/2020 wef 02/01/2021]
Production of documents
30.—(1)  The Court may, at any stage of any proceedings, order the attendance of any person for the purpose of producing any document named in the order.
(2)  An order made under paragraph (1) for the attendance of any person must be served on the person.