Commonwealth Numbered Regulations

1984 No. 425 FAMILY LAW RULES - ORDER 28 RULE 1

1. (1) In any proceedings, the Registrar of the filing registry shall, at the
direction of the court, and may, at the request of a party to the proceedings,
issue a subpoena on behalf of the court commanding a person named in the
subpoena, to attend before the court or a Registrar as indicated in the
subpoena and then and there to-

   (a)  give evidence;

   (b)  give evidence and produce any books, documents or things in the
        possession, custody or control of the person named in the subpoena
        that are referred to in the subpoena; or

   (c)  produce any books, documents or things in the possession, custody or
        control of the person named in the subpoena that are referred to in
        the subpoena.

(2) A sealed copy of a subpoena issued under sub-rule (1) shall be served in
accordance with Order 18, paragraph 5 (1) (a) on each person whose attendance
is commanded by the subpoena.

(3) A subpoena containing a command of a kind referred to in sub-paragraph (1)
(b) or (c) shall not, without the leave of the court or a Registrar, be served
less than 7 days before the day on which the book, document or thing is
required to be produced.

(4) A subpoena shall not be served upon a person under the age of 18 years,
without the leave of the court or a Registrar.

(5) A subpoena under sub-rule (1) shall be in accordance with Form 36, Form 37
or Form 38 as the case requires.

(6) A subpoena issued in proceedings remains in force until the conclusion of
the hearing unless the witness is excused by the court or a Registrar.