Family Court of Western Australia

News & Media Releases

Subpoenas

04/12/2018

From 1 January 2019 the Court will change the way that it deals with subpoenas to produce documents. When a subpoena is issued by the Court, instead of allocating a court hearing date, a ‘production date’ will be given.

The party who sought the issue of the subpoena (the ‘issuing’ party) must serve a copy of the subpoena on all relevant parties no later than 10 days before the production date.

The issuing party is then required to file and serve a ‘notice of request to inspect’ on or after the production date, confirming that all relevant parties have been served.

Provided the Court has not received an objection to the production, inspection or copying of the documents to be produced, the parties will then be able to inspect and copy documents (other than police or criminal records, medical records and records from the Department of Communities).

A person whose medical records have been subpoenaed may choose to inspect their records before the production date to decide if they wish to object to inspection by the other parties.

If the Court receives any objections to production, inspection or copying of any documents, there will need to be a Court hearing. All relevant parties will be required to attend the hearing.