3(1)The secretary to the Judicial Council shall issue a Summons to Witness (Form 1) on the request of the counsel to the Judicial Council or the counsel of the judge whose conduct is in question where one or the other requires a person in New Brunswick to attend as a witness at an inquiry or a formal hearing.

3(2)The Summons to Witness referred to in subsection (1) may require the witness to produce at the inquiry or formal hearing everything in his or her possession, custody or control relating to the matters in question in the inquiry or formal hearing or such things relating to the matters in question in the inquiry or formal hearing as are particularly specified in the summons.

3(3)A Summons to Witness may be served personally by any person in any manner permitted by Rule 18 of the Rules of Court for personal service and at the same time, unless the person summoned is the judge whose conduct is the subject of the formal hearing, the witness shall be paid or tendered proper attendance money as prescribed in Tariff D of Rule 59 of the Rules of Court.

4(1)A Notice of Formal Hearing (Form 2) shall be issued by the secretary to the Judicial Council and served on the judge whose conduct is in question at least 14 days before the date of the formal hearing.

4(2)The Notice of Formal Hearing shall be served personally by any person in any manner permitted by Rule 18 of the Rules of Court for personal service.

4(3)Service of the Notice of Formal Hearing may be validated or proved in the same manner as permitted by Rule 18 of the Rules of Court.

6(1)The testimony of a witness at a formal hearing shall be taken under oath or solemn affirmation.

6(2)Subject to subsection (5), the Judicial Council conducting a formal hearing may admit as evidence any oral testimony and any document or other thing so long as the evidence is relevant to the subject matter of the hearing.

6(3)The Judicial Council conducting a formal hearing may allow the evidence of any witness to be given by affidavit or any fact or document to be proved by affidavit, unless counsel to the Judicial Council or the judge whose conduct is in question requires the deponent to attend at the formal hearing for cross-examination.

6(4)Subsections (2) and (3) apply whether or not the evidence would be admissible as evidence in The Court of Queen’s Bench of New Brunswick.

6(5)Nothing is admissible in evidence at a formal hearing that would be inadmissible by reason of any privilege under the law of evidence.