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Court Martial Act 2007

Jurisdiction, procedures, and powers - Procedures

46: Service of summons

You could also call this:

"How to give a witness a summons to attend court"

Illustration for Court Martial Act 2007

You can serve a summons to a witness by giving it to them directly or by posting it to their home. If you give it to them directly, you must do this at least 24 hours before they need to attend. If you post it, you must send it at least 10 days before they need to attend. You can post the summons by registered letter to the witness's usual home address. If you post it, the summons is considered served when the letter would normally be delivered. This means you need to allow enough time for the letter to arrive before the witness is required to attend. The summons has rules about when it must be served. These rules help make sure the witness gets the summons on time. You must follow these rules when serving a summons to a witness.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1001989.

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Topics:
Crime and justice > Courts and legal help
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45: Power to summon witnesses, or

"Being called to court as a witness"

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"Promising to Tell the Truth in Court"

Part 2Jurisdiction, procedures, and powers
Procedures

46Service of summons

  1. A summons to a witness may be served—

  2. by delivering it to the person summoned; or
    1. by posting it by registered letter addressed to the person summoned at that person's usual place of residence.

      1. The summons must,—

      2. if it is served under subsection (1)(a), be served at least 24 hours before the attendance of the witness is required:
        1. if it is served under subsection (1)(b), be served at least 10 days before the date on which the attendance of the witness is required.

          1. If the summons is posted by registered letter, it is deemed for the purposes of subsection (2)(b) to be served at the time when the letter would be delivered in the ordinary course of post.