Commonwealth Consolidated Regulations

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FEDERAL COURT (CRIMINAL PROCEEDINGS) RULES 2016 - RULE 8.01

Leave to issue subpoena

  (1)   A subpoena may be issued only with the leave of the Court.

  (2)   A party to criminal proceedings may apply to the Court without notice for leave to issue a subpoena.

Note 1:   The Court may give leave to issue a subpoena:

(a)   generally or in relation to a particular subpoena or subpoenas; and

(b)   subject to conditions.

Note 2:   A Registrar will, in accordance with the leave given under subrule (2) and on the request of a party, issue:

(a)   a subpoena to attend to give evidence; or

(b)   a subpoena to produce the subpoena or a copy of it and a document or thing; or

(c)   a subpoena to do both of those things.

Note:   This Division contains rules that have been harmonised in accordance with the advice of the Council of Chief Justices' Rules Harmonisation Committee.



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