Australian Capital Territory Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SUPREME COURT AMENDMENT RULES 2004 (NO 5) (NO 54 OF 2004) - REG 9

Order 10 new rules 17 to 19

insert

17     Service of subpoenas

    (1)     If the addressee for a subpoena in a proceeding is a party and is represented by a solicitor in the proceeding, the subpoena may, with the solicitor's consent, be served on the addressee by leaving it at the addressee's address for service.

    (2)     A subpoena is taken to be served personally on a medical expert if, at the place where the expert's practice is carried on—

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

        (b)     if a person mentioned in paragraph (a) refuses to accept the subpoena—the subpoena is put down in the person's presence and the person is told of the nature of the subpoena.

    (3)     If a subpoena requires a medical expert to attend to give evidence, it may be served later than 6 weeks before the date fixed for the hearing of the proceeding only if—

        (a)     the subpoena is a subpoena served in accordance with leave given under subrule (4); or

        (b)     the court otherwise orders.

    (4)     If a medical expert to whom a notice has been given in accordance with rule 18 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 medical expert requiring the attendance of the medical expert.

18     Notice instead of subpoena to medical expert

    (1)     In a proceeding, a notice stating the date and time fixed for the hearing for the proceeding and requesting a medical expert's attendance may be given to the expert instead of a subpoena.

    (2)     However, a notice under subrule (1)—

        (a)     may be given in the same way as a subpoena may be served on a medical expert; and

        (b)     must not be given later than 6 weeks before the date set for the hearing.

19     No shortening of time for service

The parties to a proceeding may not, by consent, shorten the time for service of a subpoena on, or the giving of a notice under rule 18 to, a medical expert.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback