Family Court of Western Australia

Filing a Subpoena

A party seeking the issue of a subpoena (the ‘issuing party’) needs to file:

  • a subpoena (Form 14) – the original (for the 'named person') and:
    • a copy for the Court
    • a copy for themself as the issuing party
    • a copy for each party in the case (including an Independent Children’s Lawyer, if appointed), and
    • a copy for any person who may have a sufficient interest in the subpoena (an ‘interested person’)
  • a letter to the Court advising:
    • whether the subpoena is in relation to property and financial issues, parenting issues or other issues
    • whether permission to issue the subpoena has already been given (and if so, the date of the order or direction when permission was given), and if not, the reasons why permission should be given
    • why the subpoena should be issued on short notice (if applicable, see ‘notice to named persons’ below for details)
  • the subpoena filing fee.

The Court will keep a copy of the subpoena and give the issuing party back the original subpoena and the other copies, sealed with the Court’s stamp. The issuing party must keep one sealed copy for themself and serve the original subpoena on the named person, and the other sealed copies on the other parties and any interested person.

See the subpoena kit for details on how to complete the Subpoena (Form 14).

Notice to Named Persons

Named Persons should be given as much notice as possible that they are required to provide evidence and/or produce documents.

If you are requesting a subpoena that would be served and give less than 7 days’ notice (to give evidence) or 10 days’ notice (to produce documents), you will need to support your request with information to satisfy the Court that permission should still be given, despite the short notice. For example, if you have contacted the person or organisation to be subpoenaed and they have agreed they will be able to comply with the subpoena on short notice.

Last updated: 31-Dec-2018

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