Commonwealth Numbered Regulations

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FEDERAL MAGISTRATES COURT RULES 2001 2001 No. 195- RULE 15.21

Production by person not a party
(1)
This rule applies if the person named in a subpoena for production is not a party in the proceeding.

(2)
Unless the court orders otherwise, the subpoena must permit the person to produce the document or thing at the registry from which the subpoena was issued by the day before the first day on which attendance is required.

(3) If the person named in the subpoena does not object, the document or thing may be produced at another location:

(a)
if the parties agree, before the first court date; or

(b)
if the Court or a Registrar directs, at or after the first court date.

(4) If a document or thing is produced at the registry, the Registrar must:

(a)
issue a receipt to the person producing the document or thing; and

(b)
produce the document or thing as the court directs.

(5)
A subpoena for production may be satisfied by an agent of the person named in the subpoena.

(6)
This rule does not apply to any part of a subpoena that requires a person to attend to give evidence.



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