Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 6482

    (1)     A subpoena is taken to be served personally on a special witness if, at a place where the witness's practice or work is carried on—

        (a)     it is given to a person apparently engaged (whether as employee or otherwise) in relation to the practice, or at the place of work, and apparently at least 16 years old; or

        (b)     if a person mentioned in paragraph (a) does not accept the subpoena—the subpoena is put down in the person's presence and the person is told in general terms what it is.

    (2)     A subpoena requiring a special witness to give evidence in a proceeding must be served at least 6 weeks before the date set by the court for the hearing of the proceeding (the hearing date ) unless the subpoena is served in accordance with leave given under subrule (3) or (8).

    (3)     The court may give leave for a subpoena to be served on a special witness requiring the witness to attend to give evidence later than 6 weeks before the hearing date.

    (4)     An application for leave under subrule (3) is made by filing—

        (a)     the subpoena with a statement on its first page that leave is granted to serve the subpoena later than 6 weeks before the hearing date; and

        (b)     an affidavit in support of the application.

    (5)     The affidavit in support of the application must state—

        (a)     the need for the special witness to give evidence in the proceeding; and

        (b)     the reason the subpoena was not issued in enough time to enable it to be served at least 6 weeks before the hearing date; and

        (c)     whether the witness has been told about the hearing and, if so, whether the witness is able to attend the hearing; and

        (d)     the earliest date when the subpoena can be served.

    (6)     Part 6.2 (Applications in proceedings) does not apply to an application for leave under subrule (3).

    (7)     If the court gives leave under subrule (3), it must set a date for the last date of service for the subpoena.

    (8)     If a special witness to whom a notice has been given in accordance with rule 6483 fails to attend the court on the date and at the time stated in the notice, the court may give leave for the service of a subpoena on the witness requiring the attendance of the witness.

Note     Pt 6.2 (Applications in proceedings) applies to an application for leave under r (8).