- (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)).