Commonwealth Numbered Regulations

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FEDERAL COURT (CRIMINAL PROCEEDINGS) RULES 2016 (F2016L01726) - RULE 8.03

Issuing of subpoena

             (1)  The Court may, in criminal proceedings, 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.

             (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)  The subpoena is taken to have been issued when it is sealed or otherwise authenticated under subrule (3).



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