After the date for opening of oral proceedings is fixed, the Registrar issues and
serves on the parties a notice (in Form 6 of the Second Schedule to the Court’s
Rules) stating the date and place of the hearing [Rule 55(4) & (5)].
B. Witnesses
(1) Summoning Witnesses [Rule 56]
Each party has the responsibility to bring its own witnesses. However, a party
may obtain the Court’s summons to any person whose attendance is required
either to give evidence or to produce document(s) [Rule 56 (1)].
The witness summons (issued in Form 7 of the Second Schedule to the
Court’s Rules):
x
x
x
specifies the time and place of attendance;
states whether attendance is required for giving evidence or producing
document(s), or for both; and
describes with reasonable accuracy the document(s) required [Rule 56
(2) & (6)].
Additionally, the Court on its own may summon any person to give evidence
or to produce document(s) if in the Court’s opinion, the evidence or document
is essential for the just determination of any matter before it. The expenses of
such a witness are paid by the Court [Rule 57(6)].
Where a summoned witness fails to appear or refuses to give evidence or to
produce document(s), the Court may in its discretion impose upon the witness
a pecuniary penalty not exceeding USD 200 [Rule 56(4)]. Such penalty is
enforceable as an order of the Court in accordance with Article 44 of the
Treaty [Rule 56(5)], including enforcement through attachment and sale of
the movable property of the defaulting witness [Rule 57(4)].
(2) Expenses of Witnesses [Rule 57]
The party calling a witness is responsible for the witness’s expenses [Rule
57(1)].
The party applying for summons deposits into Court a sum of money sufficient
to defray the travelling and other expenses of the witness summoned [Rule
57(2)]. The Registrar may require further deposits to meet further expenses
[Rule 57(4)].
Expert witness(es) are allowed reasonable remuneration for the time spent in
giving evidence and in performing any work on the case [Rule 57(3)].
(3) Commission to examine witnesses
The Court may issue a commission or letter of request for the examination [,
on interrogatories or otherwise,] of any person:
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