Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 15.28

Service of subpoena for production
(1)
A party who requests the issue of a subpoena for production must, at least 7 days before the court date:

(a)
serve the named person, by hand, with:

(i)
the subpoena;
(ii)
a brochure called Subpoena (Information for Named Person) , approved by the Principal Registrar giving information about subpoenas; and
(iii)
if the party intends to rely on rule 15.30 — the written notice mentioned in subrule 15.30 (2); and
(b)
serve all other parties and the child representative (if any), by ordinary service, with a copy of the subpoena for production and, if applicable, the notice mentioned in subparagraph (a) (iii).

(2)
At the time of service of the subpoena, the named person must be paid conduct money under subrule 15.23 (1).

Note 1
A person may ask permission to serve a subpoena at a later time than that set out in subrule (1) (see rule 1.14).
Note 2
Paragraph 15.17 (5) (b) provides that a subpoena for production may require the named person to produce a document before the date of the trial.



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