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AI summary
The High Court gave reasons for an urgent order made on 29 May 2026 setting aside a subpoena issued in motion proceedings. The court said Rule 38 is directed at trial proceedings, no Rule 35(13) order had been made, and the subpoena was too broad and procedurally defective. The costs of the application were ordered to stand over for later determination in the main application.
This may be relevant to civil litigation and motion procedure, especially subpoenas, discovery and case management in the High Court.
Evidence from source
The subpoena issued by this Court in this matter on 19 May 2026 is set aside.
Supports: plain_summary
Rule 38 itself. The language employed throughout the rule makes it plain that it is directed at trial proceedings.
Supports: plain_summary
It is common cause that no order was ever granted in terms of Rule 35(13) rendering the discovery provisions applicable to the main application.
Supports: plain_summary