East African Community Court of Justice
Rules of Procedure, 2019.
(5) After the date for opening of oral proceedings is
fixed, the Registrar shall issue a notice of hearing stating the date
and place of hearing, and cause it to be served on the parties.
(6) A notice of hearing under this Rule shall be in
accordance with Form 6 in the Second Schedule.
SECTION XIII
WITNESSES
Summoning
witnesses.
66.
(1) Any party in a claim or reference may apply to the
Court for summons to any person whose attendance is required to
give evidence or to produce documents.
(2) Every witness summons shall specify the time and
place of attendance, and whether the attendance is required for
the purpose of giving evidence or to produce a document, or for
both purposes and shall as well describe with reasonable accuracy
the document required.
(3) The Court may on its own motion summon any person
to give evidence or to produce any document if in its opinion such
evidence or document is essential for the just determination of
any matter before it.
(4) Where a person summoned to give evidence or
produce a document fails to appear or refuses to give evidence or
to produce the document the Court may in its discretion impose
upon the witness a pecuniary penalty not exceeding USD 2000.
(5) A penalty imposed under this rule shall be enforceable
as an order in accordance with Article 44 of the Treaty.
(6) Summons under this rule shall be in accordance with
Form 7 in the Second Schedule and shall be served in the manner
prescribed for service of notification.
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