PART 4WITNESSES

Application to withdraw a witness summons30

1

The judge advocate may withdraw a witness summons if one of the following applies for it to be withdrawn—

a

the party who applied for it, on the ground that it no longer is needed;

b

the witness, on the grounds that—

i

he was not aware of any application for it, and

ii

he cannot give or produce evidence likely to be material evidence, or

iii

even if he can, his duties or rights, including rights of confidentiality, or those of any person to whom the evidence relates outweigh the reasons for the issue of the witness summons; or

c

any person to whom the proposed evidence relates, on the grounds that—

i

he was not aware of any application for it, and

ii

that evidence is not likely to be material evidence, or

iii

even if it is, his duties or rights, including rights of confidentiality, or those of the witness outweigh the reasons for the issue of the witness summons.

2

A person applying under this rule must—

a

apply in writing as soon as practicable after becoming aware of the grounds for doing so, explaining why he wants the witness summons to be withdrawn; and

b

serve the application on the court administration officer and as appropriate on—

i

the witness,

ii

the party who applied for the witness summons, and

iii

any other person who he knows was served with the application for the witness summons.

3

Rule 26 applies to an application under this rule that concerns a document or thing to be produced in evidence.