Commonwealth Numbered Regulations

1994 No. 224 FEDERAL COURT RULES (AMENDMENT) - RULE 10

10.1 After rule 9, insert:

Motion to set aside subpoena served interstate

"10. (1) If:

   (a)  the person named in a subpoena for production is not a party to the
        proceeding; and

   (b)  the suboena is served in a District other than the District for the
        Registry from which it was issued; the person may file, in the
        Registry of the District in which the subpoena was served, a motion:

   (c)  to set aside the subpoena; or

   (d)  for an order consequential on a claim of privilege, public interest
        immunity or confidentiality in respect of the document or thing the
        subject of the subpoena.



"(2) A motion under subrule (1) may be heard and determined by a Judge at the
Registry at which it is filed, unless the Court or a Judge directs that it be
heard at the proper place.".