Victorian Consolidated Legislation

Evidence Act 1958 - SECT 11

Persons present may be examined without a subpoena

11. Persons present may be examined without a subpoena

On the trial of any issue joined or of any matter or question or on an inquiry
arising in any suit action or proceeding in any court or before any person
having by law or by consent of parties authority to hear receive and examine
evidence, any person who happens to be present and who is competent to give
evidence may be called and required to give evidence or to produce any
document or to give evidence and produce any document; and if any such person
when called and required as aforesaid does not appear and give evidence or (if
then able so to do) produce the document, he shall except where other
provision is expressly made be subject to the same proceedings and liabilities
as if he had been duly served with a writ of subpoena ad testificandum or
duces tecum or a summons or other process, and had received his conduct money
and payment for expenses and loss of time.

Division 3-Prisoners