Filing a Subpoena

Completing the subpoena

It is important that when completing the subpoena you:

  1. Complete Part “A”; and either
  2. Part “B” if you only require the person to come to Court to give evidence; or
  3. Part “C” if you require the person to come to Court to give evidence and produce documents; or
  4. Part “D” if you only require the person to produce documents.

Please keep in mind that subpoenas for production often have additional requirements attached to them.

To make sure your Subpoena satisfies the Family Court Rules, you should remember the following:

The Proper Officer

XYZ Pty Ltd

Some Street

Some Town, WA 0000

Special requirements for a subpoena for production only

All parties and an Independent Children’s Lawyer (if any) may be automatically permitted to inspect and copy documents (other than child welfare, medical, police and criminal records) produced under a subpoena for production, only if the following all occur:

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.

A subpoena to attend Court and give evidence must be filed and served at least 7 days before the hearing date.

A subpoena to produce documents and attend Court to give evidence must be filed at least 10 days before the hearing date.

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.

You will need to advise the Court that you have contacted the person or organisation to be subpoenaed and they have agreed they will be able to comply with the subpoena notwithstanding the very short notice.

Last updated: 9-May-2022

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