(1) If a person served with a witness summons to attend before an examiner —
(a) fails to attend;
(b) refuses to answer any lawful question or produce any document at the examination; or
(c) refuses to be sworn or to affirm for the purpose of the examination,
the party requiring the deposition may file a certificate signed by the examiner of such failure or refusal.
(2) On the certificate being filed, the party requiring the deposition may apply to the court for an order requiring the person to attend, to be sworn, to affirm or to answer any question or produce any document, as the case may be.
(3) An application for an order under this rule may be made without notice.
(4) Any order made by the court must be served personally on the person served with the witness summons and be endorsed with a notice in the form given in rule 53.3(b).
(5) The court may order the person against whom an order is made under this rule to pay any costs resulting from the —
(a) failure to attend the examination;
(b) refusal to answer any lawful question or produce any document at the examination; or
(c) refusal to be sworn or to affirm for the purpose of the examination.
• Part 53 deals with the procedure relating to committal for contempt of court.