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10 Methods of Gathering Evidence

F a mere assertion of bad faith by an applicant or

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(f) a mere assertion of bad faith by an applicant or that something might be found demonstrating bad faith is not enough – the criteria set out in (c) must be satisfied. (g) in criminal proceedings a “more liberal” view is taken by a court in respect of the application of the test. Special weight is to be given to the fact that the documents may assist the defence of the accused. (h) where a party fails to demonstrate a legitimate forensic purpose, the court should refuse access to the documents and set aside the witness summons.” 76
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Failure to Comply with Subpoena R 42.12 - Failure to comply without lawful excuse is contempt of court May also be liable for damages to the party who caused the subpoena to be issued, if the person is a material witness. 77
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