COUNTY COURTS (NORTHERN IRELAND) ORDER 1980

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COUNTY COURTS (NORTHERN IRELAND) ORDER 1980 - SECT 54



54.(1) Any person summoned in accordance with county court rules as a witness
in a civil action or matter in a county court to whom at the time of the
service of the summons there is paid or tendered such sum as may be prescribed
in respect of his expenses (including in such cases as may be prescribed
compensation for loss of time)

(a)who refuses or neglects without sufficient cause to appear or to produce
any documents required by the summons to be produced; or

(b)refuses to be sworn or give evidence;

(2) Any person present in court who being required to give evidence refuses to
be sworn or give evidence shall be guilty of a contempt of the court.

(3) A person guilty of contempt of court under this Article shall, without
prejudice to paragraph (4), be liable to the penalties provided by Article
55(2).

(4) The judge imposing a fine for any contempt under this Article may,
notwithstanding anything in any statutory provision, order the whole or part
of the amount thereof to be applied towards indemnifying the party injured by
the refusal or neglect.

(5) Paragraphs (1) to (4) shall apply to a debtor summoned under [Article 108
of the Judgments Enforcement (Northern Ireland) Order 1981] in like manner as
they apply to a person summoned as a witness.

(6) Paragraphs (1) to (3) shall, in like manner as they apply to a person
summoned as a witness in a civil action, apply to a person summoned in
accordance with county court rules as a witness in proceedings in the county
court consequent on an appeal to it under section 140, 141 or 142 of the
Magistrates' Courts Act (Northern Ireland) 1964 and where a person is so
summoned in such proceedings by the Crown shall apply with the omission in
paragraph (1) of the words from "to whom" to "of time)".

(7) Subject to the foregoing provisions of this Article, a county court shall
in relation to witnesses in any proceedings before it have the like powers as
are exercisable by the High Court in any proceedings before that court.

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Northern Irish Legislation

COUNTY COURTS (NORTHERN IRELAND) ORDER 1980 - SECT 54