CMV Rules 234Chapter IX · Claims Tribunal

Section 234 · Power of summary examination

(1)

The Claims Tribunal during an inspection or at any other time, save at a formal hearing of a case pending before it, may examine summarily any person likely to be able to give information relevant to such case, whether such person has been or is to be called as a witness in the case or not, and whether any or all the parties are present or not.

(2)

No oath shall be administered to a person examined under sub-rule (1)

(3)

Statements made by person examined under sub-rule (1) if reduced to writing, shall not be signed by the person making the statement, nor shall they, except as hereinafter provided, be incorporated in the record or utilised by the Claims Tribunal for the purpose of arriving at a decision in the case.

(4)

If a witness who has been examined under sub-rule (1) makes in evidence any material statement contradicting any statement made by him in such examination and reduced to writing the Claims Tribunal may call his attention to such statement and shall in that case direct that the parties be furnished with the relevant part of such statement for the purpose of examining or cross-examining the witness.

(5)

Any statement or part of a statement which is furnished to the parties under sub-rule (4) shall be incorporated in record.

(6)

Where a case is settled by agreement between the parties the Claims Tribunal may incorporate in the record any statement under sub-rule (1) and may utilize such statement for the purpose of justifying its acceptance of, or a refusal to accept, the agreement reached at.

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