(1) A party may apply to the Court for the issue of a certificate of non-compliance with a subpoena.
(2) An application may be made—
(a) if the proceeding in which the subpoena was issued is before the Court, orally to the Court; or
(b) by filing a summons.
(3) The application shall be supported by—
(a) an affidavit of service of the subpoena; and
(b) a further affidavit stating the following—
(i) whether any application was made to set aside the subpoena;
(ii) the material in support of any application to set aside the subpoena;
(iii) any order that disposed of any application to set aside the subpoena;
(iv) the material facts relied on for the issue of a certificate of non-compliance.
(4) The affidavit referred to in paragraph (3)(b) shall exhibit—
(a) a copy of the subpoena; and
(b) a copy of the order giving leave to serve the subpoena.