Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 43

Witness summonses

43. Witness summonses



(1) The Court or a registrar may issue the following witness summonses-

   (a)  summons to give evidence;

   (b)  summons to produce documents or things;

   (c)  summons to give evidence and produce documents or things.

(2) Any party to a criminal proceeding in the Court may apply for the issue of
a witness summons.

(3) A witness summons may be directed to any person who appears to the Court
or registrar issuing the summons to be likely-

   (a)  to be able to give material evidence for any party to the proceeding;
        or

   (b)  to have in the person's possession or control any documents or things
        which may be relevant on the hearing of the proceeding; or

   (c)  both to be able to give material evidence and to have in the person's
        possession or control any relevant documents or things.

(4) A witness summons must require the person to whom it is directed to attend
at a specified venue of the Court on a certain date and at a certain time-

   (a)  to give evidence in the proceeding; or

   (b)  to produce for examination at the hearing any documents or things
        described in the summons that are in the person's possession or
        control; or

   (c)  both to give evidence and produce for examination any documents or
        things described in the summons that are in the person's possession or
        control.

(5) A witness summons must be served a reasonable time before the day on which
the proceeding is listed before the Court.



(5A) A witness summons must be served by-

   (a)  giving a copy of the summons to the person to be served; or

   (b)  if the person does not accept the copy, putting the copy down in the
        person's presence and telling the person the nature of the summons; or

   (c)  leaving a copy of the summons for the person at the person's last
        known or usual place of residence or business with a person who
        appears to be of or over the age of 16 years.

(5B) If the person to be served is a company or registered body (within the
meaning of the Corporations Act), a witness summons may be served on the
company or body in accordance with section 109X or 601CX of that Act, as the
case requires.

(6) A person to whom a witness summons is directed is, subject to subsection
(7), excused from complying with the summons unless conduct money is given or
tendered to the person at the time of service of the summons or a reasonable
time before the return date.

(7) It is not necessary to give or tender conduct money to a person to whom a
witness summons is directed if the person will not reasonably incur any
expenses in complying with the summons.

(8) The Court may direct that a witness who has attended before the Court in
answer to a witness summons is entitled to receive from the party who applied
for the issue of the witness summons further conduct money for each day of
attendance.

(9) Nothing in this section-



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   (b)  derogates from the power of the Court to certify that a witness be
        paid his or her expenses of attending before the Court.