| (1) |
If a party or the arbitrator wants to summon any person to— |
| (a) |
give oral evidence; or |
| (b) |
produce physical evidence such as a document or thing, |
he or she must follow the procedure in subrule (2) below.
| (2) |
In order to summon a witness, a party or the arbitrator must— |
| (a) |
complete form 1 of Schedule 1 to these rules, ensuring that — |
| (i) |
the venue, time and date of the hearing are clear; |
| (ii) |
no more than four persons are listed on each form; |
| (iii) |
all the persons listed on the form come from the same magisterial district; |
| (iv) |
any document or thing which the witnesses must produce is accurately described; |
| (b) |
sign the form in the place marked for the party's or arbitrator's signature; |
| (c) |
hand or send the original form to the Registrar to be stamped and signed by him or her; |
| (i) |
the original form 1, signed by the party or the arbitrator and the Registrar; plus |
| (ii) |
one copy of the form for each witness; and |
| (iii) |
any cheques or postal orders for witnesses' expenses |
to the sheriff of the magisterial district where the witnesses are.
| (3) |
The arbitrator or the party summoning the witness may, in the witness summons, require a witness to hand any document or thing to the Registrar before the hearing and the parties have the right to inspect it. |
| (4) |
The Registrar and the arbitrator must help any party who asks for assistance in preparing and issuing a witness summons. The Registrar will provide information about any witness which must be paid. |
| (5) |
The allowances payable to witnesses will be those prescribed by the Minister of Justice from time to time under section 42 of the Supreme Court Act, No 59 of 1959. The State must pay the prescribed allowances due to any witness summoned by the arbitrator. |
Administration of Estates Act, 1965
