(1)  If a person summoned by subpoena to attend for examination before an examiner fails or refuses to attend, refuses to be sworn or refuses to answer any lawful question, a certificate of the failure or refusal, signed by the examiner, is to be filed in the registry.

(2)  On the filing of a certificate, the Court or a judge, on the application of the party requiring the person to attend, may make an order directing the person to attend, to be sworn or to answer any question.

(3)  An application under subrule (2) may be made ex parte or on notice.