Western Australian Consolidated Acts

EVIDENCE ACT 1906 - SECT 16

16 .         Witnesses failing to attend trial

        (1)         Where any person duly bound by recognizance or served with a subpoena, summons, or order to attend in any court as a witness at the trial of any case, civil or criminal, fails to appear when called in open court, either at such trial or upon the day appointed for such trial, the court may —

            (a)         upon proof of such recognizance or of his having been duly served with such subpoena, summons, or order, call upon him to show cause why execution upon such recognizance or an attachment for disobedience to such subpoena, summons, or order should not be issued against him; or

            (b)         upon proof of such recognizance or service, and also that his non-appearance is without just cause or reasonable excuse, and upon oath that he will probably be able to give material evidence, issue a warrant to bring him before the court to give evidence at such trial.

        (2)         Such proof may be oral before the court or by affidavit.