2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

40.4   Conduct of reference

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    (1)   For the purpose of the inquiry, the referee has the same powers as the court other than the power to commit for contempt of court.

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    (2)   Unless the court otherwise orders, the referee must adopt the simplest, least expensive and most expeditious method of conducting the reference.

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    (3)   The referee may hold the trial or conduct the inquiry at any place and at any time which appears to the referee to be convenient to the parties.

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    (4)   If a person served with a witness summons to appear before a referee —

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      (a)     fails to attend;

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      (b)     refuses to answer any lawful question or produce any document at the inquiry; or

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      (c)     refuses to be sworn or affirm for the purposes of the inquiry,

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    the referee must sign and file a certificate of such failure or refusal.

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    (5)   Any party may apply to the court for an order requiring the person served with the witness summons to appear before a referee to attend, be sworn or affirmed, or answer any question or produce any document, as the case may be.

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    (6)   An application for an order under paragraph (5) may be made without notice but must be supported by evidence on affidavit.

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    (7)   In the case of non-attendance, the affidavit must prove —

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      (a)     service of the witness summons; and

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      (b)     that the person served with the witness summons was paid or offered the payments required by rule 33.6.

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    (8)   An order under this rule must be served personally on the person served with the witness summons and be endorsed with a notice in accordance with rule 53.3(b).

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    (9)   A person who wilfully disobeys an order made against that person under this rule commits contempt of court.

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    (10)   The court may order the person against whom an order is made under this rule to pay any costs resulting from the —

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      (a)     failure to attend before a referee;

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      (b)     refusal to answer any lawful question or produce any document at the inquiry; or

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      (c)     refusal to be sworn or to affirm for the purpose of the inquiry.

•     Part 53 deals with the procedure to apply to commit a person for contempt of court.