Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 6602

    (1)     A subpoena must not be addressed to more than 1 person.

Note     See the following approved forms:

        (a)     approved form 6.10 (Subpoena to give evidence) title="AF2017-150">AF2017-150

;

        (b)     approved form 6.10A (Subpoena to produce documents) title="AF2017-152">AF2017-152

;

        (c)     approved form 6.10B (Subpoena to give evidence and produce documents)

.

    (2)     A subpoena must identify the addressee by name or by description of position.

Note     The

, dict, pt 1 defines position to include office.

    (3)     A subpoena to attend to give evidence must state the date, time and place for attendance.

    (4)     A subpoena to produce must—

        (a)     identify the document or thing to be produced; and

        (b)     state the date, time and place for production.

    (5)     The date stated in a subpoena must be the date of trial or any other date allowed by the court.

    (6)     The place stated for production may be the court or the address of anyone authorised to take evidence in the proceeding.

    (7)     A subpoena must state the last date for service of the subpoena.

    (8)     The last date for service must be—

        (a)     5 days before the date stated in the subpoena for compliance with it; or

        (b)     if the court sets a different date under rule 6603 (Subpoena to produce—leave to serve late)—the date set.

    (9)     Subrule (8) is subject to rule 6482 (Subpoena—service on special witness).

Note     Rule 6482 (2) provides that 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 unless the subpoena is served in accordance with leave under the rule.

    (10)     If the addressee is a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.