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Maintenance Act, 1998 (Act No. 99 of 1998)

Regulations Relating to Maintenance

Chapter 1 : Complaints and Investigations

4. Subpoena

 

1) A subpoena, contemplated in section 9(2)(b) of the Act—
a) for the person in whose favour a maintenance order is to be or was made as well as the person against whom a maintenance order may be or was made, shall substantially, correspond with Part A of Form CI of the Annexure; and
b) for other witnesses, shall substantially correspond with Part A of Form CII of the Annexure.

 

2) Part B of Form CI of the Annexure shall be completed by the opposing party.

 

3) The service of a subpoena referred to in subregulation (1) shall be in accordance with the provisions of regulation 26(1).

 

4) A return of service of a subpoena referred to in—
a) subregulation (1)(a) shall substantially correspond with Part C of Form CI of the Annexure; and
b) subregulation (1)(b) shall substantially correspond with Part B of Form CII of the Annexure.

 

5) A subpoena to the person against whom a maintenance order may be or was made must be accompanied by a document in the form set out in Form G of the Annexure.