Industrial Magistrates Courts (General Jurisdiction) Regulations 2005
Part 6-Trial
Division 2-Witnesses

    37. Issuing a witness summons

    (1) If a party wants to require a person to give evidence or to produce evidentiary material at a trial the party must lodge and serve on the person a witness summons in the approved form at least 14 days before the first day of the trial.

    (2) The witness summons must be served personally.

    (3) At the time a witness is served with a witness summons, 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 must be tendered to the witness;

    (b) arrangements to enable the witness to attend the court must be made with the witness; or

    (c) the means to enable the witness to attend the court must be provided to the witness.

    (4) A party which issues a witness summons must ensure that subsection (3) is complied with.

    (5) The person who serves a witness with a witness summons must record how subsection (3) was complied with on a copy of the witness summons.

    (6) If a copy of a witness summons contains information recorded in accordance with subsection (5) it is to be presumed that the information is true, unless the contrary is proved.

Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.