40. Subpoena issued by Court of First Instance to run throughout the Abu Dhabi Global Market and the Emirate
(1) In this section references to attendance at trial include references to attendance before an examiner or commissioner appointed by the Court of First Instance in any cause or matter in that Court, including an examiner or commissioner appointed to take evidence outside the jurisdiction of the Court.
(2) If in any cause or matter in the Court of First Instance it appears to the Court that it is proper to compel the personal attendance at any trial of a witness who may not be within the jurisdiction of the Court, it shall be lawful for the Court, if in its discretion it seems fit so to do, to order that a writ of attendance or writ of production shall be issued in special form commanding the witness to attend the trial wherever he shall be within the Emirate; and the service of any such writ in any part of the Emirate shall be as valid and effectual for all purposes as if it had been served with the jurisdiction of the Court of First Instance.
(3) Every such writ shall have at its foot a statement to the effect that it is issued by the special order of the Court of First Instance, and no such writ shall be issued without such a special order.
(4) If any person served with a writ issued under this section does not appear as required by the writ, the Court of First Instance, on proof to its satisfaction of the service of the writ and of the default, may transmit a certificate of the default under the seal of the Court to such competent authorities of the Emirate as the Court thinks fit requesting that that authority proceed against and sanction the person in default in a like manner as if that person had neglected or refused to appear in obedience to process issued out of a competent court of the Emirate.
(5) Nothing in this section shall affect —
(a) the power of the Court of First Instance to issue a commission for the examination of witnesses out of the jurisdiction of the Court in any case in which, notwithstanding this section, the Court thinks fit to issue such commission; or
(b) the admissibility at any trial of any evidence which, if this section had not been enacted, would have been admissible on the ground of a witness being outside the jurisdiction of the Court.