Commonwealth Numbered Regulations

FEDERAL COURT (CRIMINAL PROCEEDINGS) RULES 2016 (F2016L01726) - RULE 8.01

             (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.