Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 24.12

Issuing of subpoena

  (1)   The Court may, in any proceeding, by subpoena, order the addressee:

  (a)   to attend to give evidence as directed by the subpoena; or

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

  (c)   to do both of those things.

  (2)   An issuing officer must not issue a subpoena:

  (a)   if the Court has made an order, or there is a rule of the Court, having the effect of requiring that the proposed subpoena:

  (i)   not be issued; or

  (ii)   be issued only with the leave of the Court and that leave has not been given; or

  (b)   requiring the production of a document or thing in the custody of the Court or another court.

Note for paragraph   (a)    Division   24.1 deals with applications to the Court for leave to issue a subpoena.

  (3)   The issuing officer must seal with the seal of the Court, or otherwise authenticate, a sufficient number of copies of the subpoena for service and proof of service.

  (4)   A subpoena is taken to have been issued when it is sealed or otherwise authenticated in accordance with subrule (3).


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