Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) In any proceeding, the court may by subpoena order the addressee to do either or both of the following:
(a) to attend to give evidence as directed by the subpoena;
(b) to produce the subpoena or a copy of it and any document or thing as directed by the subpoena.
(2) An issuing officer must not issue a subpoena—
(a) without the court's leave if it appears to the issuing officer that the subpoena—
(i) is not substantially complete; or
(ii) does not substantially comply in form with these rules; or
Note The registrar may refuse to accept a subpoena for filing under r 6142 (Rejecting documents—abuse of process etc).
(b) if the court has made an order, or there is a provision of these rules, having the effect of requiring that the proposed subpoena—
(i) not be issued; or
(ii) not be issued without the court's leave and the leave has not been given; or
(c) requiring the production of a document or thing in the custody of the court or another court; or
(d) for an appellate proceeding—without the leave of the court.
Note Pt 6.2 (Applications in proceedings) applies to an application for leave for this subrule.
(3) The issuing officer must seal, or otherwise authenticate, a sufficient number of copies of the subpoena for service and proof of service.
(4) A subpoena is taken to be issued on its being sealed or otherwise authenticated under subrule (3).