Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 15.35

Return of documents produced
(1)
This rule applies to a document produced in compliance with a subpoena that is to be returned to the named person.

(2)
If the document is tendered as an exhibit at a hearing or trial, the Registry Manager must return it within 42 days after the final determination of the application or appeal.

(3) If:

(a)
a document is not tendered as an exhibit at a hearing or trial; and

(b)
the party who filed the subpoena has been given 7 days written notice of the Registry Manager's intention to return it;

the Registry Manager may return the document to the named person at a time that is earlier than the time mentioned in subrule (2).

(4) If the Registry Manager has received written permission from the named person to destroy the document:

(a)
subrules (2) and (3) do not apply; and

(b)
the Registry Manager may destroy the document, in an appropriate way, not earlier than 42 days after the final determination of the application or appeal.

Note
A document:
(a) tendered into evidence by a party; and
(b) not produced in compliance with a subpoena;
must be collected by the party who tendered it (see subrule 16.10 (4)).



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