(1)

A named person may comply with a subpoena for production by:

(a)

attending, on the court date, at the place specified in the subpoena and providing the documents to the court; or

(b)

no later than 2 days before the court date:

(i)

producing the documents to the Registry Manager together with a copy of the subpoena; or

(ii)

filing an affidavit attaching photocopies of the documents instead of producing the original documents.

(2) The affidavit must:

(a)

state that it is filed in compliance with a subpoena to produce documents and identify the subpoena;

(b)

identify the attached documents as copies of the original documents referred to in the subpoena; and

(c)

be sworn by the named person.

Note    See section 48 of the Evidence Act 1995 about proving the contents of a document. However, subject to sections 4 and 5 of the Evidence Act 1995 , that Act does not apply to the Family Court of Western Australia or any other court of a State.

(3)

The named person, when complying with the subpoena for production, must inform the Registry Manager in writing about whether:

(a)

the documents referred to in the subpoena are to be returned to the named person; or

(b)

the Registry Manager is authorised to dispose of the documents when they are no longer required by the court.