Place of Examination
 34.03 Where the person to be examined resides in Ontario, the examination shall take place in the county in which the person resides, unless the court orders or the person to be examined and all the parties agree otherwise.  R.R.O. 1990, Reg. 194, r. 34.03. How Attendance Required Party 34.04 (1) Where the person to be examined is a party to the proceeding, a notice of examination (Form 34A) shall be served, (a) on the party’s lawyer of record; or (b) where the party acts in person, on the party, personally or by an alternative to personal service.  R.R.O. 1990, Reg. 194, r. 34.04 (1); O. Reg. 739/94, s. 2 (1); O. Reg. 575/07, s. 20 (1). Person Examined on Behalf or in Place of Party (2) Where a person is to be examined for discovery or in aid of execution on behalf or in place of a party, a notice of examination shall be served, (a) on the party’s lawyer of record; or (b) on the person to be examined, personally and not by an alternative to personal service.  R.R.O. 1990, Reg. 194, r. 34.04 (2); O. Reg. 575/07, s. 20 (2). Deponent of Affidavit (3) Where a person is to be cross-examined on an affidavit, a notice of examination shall be served, (a) on the lawyer for the party who filed the affidavit; or (b) where the party who filed the affidavit acts in person, on the person to be cross-examined, personally and not by an alternative to personal service.  R.R.O. 1990, Reg. 194, r. 34.04 (3); O. Reg. 739/94, s. 2 (2); O. Reg. 575/07, s. 1. Others (4) Where the person to be examined, (a) is neither a party nor a person referred to in subrule (2) or (3); and (b) resides in Ontario, the person shall be served with a summons to witness (Form 34B), personally and not by an alternative to personal service.  R.R.O. 1990, Reg. 194, r. 34.04 (4). Attendance Money (5) When a summons to witness is served on a witness, attendance money calculated in accordance with Tariff A shall be paid or tendered to the witness at the same time.  R.R.O. 1990, Reg. 194, r. 34.04 (5). Summons may be Issued in Blank (6) On the request of a party or a lawyer and on payment of the prescribed fee, a registrar shall sign, seal and issue a blank summons to witness and the party or lawyer may complete the summons and insert the names of any number of witnesses.  R.R.O. 1990, Reg. 194, r. 34.04 (6); O. Reg. 575/07, s. 1. Person Outside Ontario (7) Rule 53.05 (summons to a witness outside Ontario) applies to the securing of the attendance for examination of a person outside Ontario and the attendance money paid or tendered to the person shall be calculated in accordance with the Interprovincial Summonses Act.  R.R.O. 1990, Reg. 194, r. 34.04 (7). Person in Custody (8) Rule 53.06 (compelling attendance of witness in custody) applies to the securing of the attendance for examination of a person in custody.  R.R.O. 1990, Reg. 194, r. 34.04 (8). 34.04.1 Revoked:  O. Reg. 171/98, s. 9. Notice of Time and Place Person to be Examined 34.05 (1) Where the person to be examined resides in Ontario, he or she shall be given not less than two days notice of the time and place of the examination, unless the court orders otherwise.  R.R.O. 1990, Reg. 194, r. 34.05 (1). Every Other Party (2) Every party to the proceeding other than the examining party shall be given not less than two days notice of the time and place of the examination.  R.R.O. 1990, Reg. 194, r. 34.05 (2).