Electoral Act 1993

Election petitions - Witnesses

247: Summons and examination of witnesses

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"Going to court as a witness in an election dispute"

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When you are involved in an election petition, you might need to go to court as a witness. You can be asked to come to court in a similar way to how it's done in other court cases. The High Court can order you to attend as a witness if they think you were involved in the election. If you refuse to come to court when ordered, section 42 of the Senior Courts Act 2016 will apply to you. The court can ask you questions, even if nobody else wants to ask you anything. After the court has asked you questions, the people involved in the petition can also ask you questions.

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Part 8Election petitions
Witnesses

247Summons and examination of witnesses

  1. Witnesses may be summoned and sworn on the trial of an election petition to which section 229(3) applies in the same manner, as nearly as circumstances admit, as in the trial of an ordinary action.

  2. The High Court may by order require any person who appears to the court to have been concerned in the election to attend as a witness.

  3. Section 42 of the Senior Courts Act 2016 applies to a person who refuses or fails to comply with an order to attend as a witness.

  4. The court may examine any person so required to attend or any person in court, although he or she is not called or examined by any party to the petition.

  5. After the examination of a witness as aforesaid by the court, he or she may be cross-examined by or on behalf of the petitioner and respondent, or either of them.

Notes
  • Section 247(2): amended, on , by section 29 of the Contempt of Court Act 2019 (2019 No 44).
  • Section 247(2A): inserted, on , by section 29 of the Contempt of Court Act 2019 (2019 No 44).