Filing a Subpoena

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

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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