5th May, 2010 EAST AFRICAN COMMUNITY GAZETTE 23 (4) After the date for opening of oral proceedings is fixed, the Registrar shall issue a notice of hearing stating the date and place of hearing, and cause it to be served on the parties. (5) A notice of hearing under this Rule shall be in accordance with Form 5 in the First Schedule. XII (b) WITNESSES Rule 56: Summoning witnesses (1) Any party in a claim or reference may obtain on application to the Court, summons to any person whose attendance is required either to give evidence or to produce documents. (2) Every witness summons shall specify the time and place of attendance, and whether attendance is required for the purpose of giving evidence or to produce a document, or for both purposes. The summons shall describe with reasonable accuracy the document required. (3) The Court may on its own motion summon any person to give evidence or to produce any document if in the opinion of the Court such evidence or document is essential for the just determination of any matter before it. (4) Where a person summoned to give evidence or produce a document fails to appear or refuses to give evidence or to produce the document the Court may in its discretion impose upon the witness a pecuniary penalty not exceeding USD 200. (5) A penalty imposed under this Rule shall be enforceable as an order in accordance with Article 44 of the Treaty. (6) Summons under this Rule shall be in accordance with Form 6 in the First Schedule and shall be served in the manner prescribed for service of notification. Rule 57: Expenses of witnesses (1) A party calling a witness shall be responsible for the witness’s expenses. (2) A party applying for summons shall, before the summons is issued, pay into Court such sum of money as appears to the Registrar to be sufficient to defray the travelling and other expenses of the person summoned in passing to and from the Court, and for one day’s attendance. (3) In the case of any person summoned to give evidence as an expert, the Registrar may allow reasonable remuneration for the time spent both in giving evidence and in performing any work on the case. (4) Where it is proved to the satisfaction of the Registrar that the money deposited into Court to cover such expenses or reasonable remuneration is insufficient, the Registrar may require the party who applied for the summons to pay such further sum which appears to be necessary on that account. (5) In case of default in payment of further sum under sub-rule (4), the Court may order such sum to be levied by attachment and sale of the movable property of the defaulting party; or the Court may discharge the person summoned without requiring him or her to give evidence; or may both order such levy and discharge such person as aforesaid. (6) The expenses of the witness appearing before the Court under sub-rule (3) of Rule 56 shall be borne by the Court.