New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 33.1

33.1 Definitions

(cf SCR Part 37, rule 1)

(1) In this Part--

"addressee" means the person who is the subject of the order expressed in a subpoena.

"conduct money" means a sum of money or its equivalent, such as prepaid travel, that is sufficient to meet the reasonable expenses of an addressee attending court as required by a subpoena and returning after attending.

Example--: Items equivalent to a sum of money include cash, cheque, bank cheque and funds transferred by electronic means, including electronic funds transfer or other digital payment systems. Prepaid travel may include petrol vouchers.

"issuing officer" means an officer of the court who is empowered to issue a subpoena on behalf of the court.

"issuing party" means the party at whose request a subpoena is issued.

"registrar" , in relation to proceedings in respect of which a subpoena is sought or issued, means--

(a) in relation to the Supreme Court, the principal registrar, and, and

(a1) in relation to the Industrial Court, the industrial registrar referred to in section 207 of the Industrial Relations Act 1996 , and

(b) in relation to the District Court--

(i) the principal registrar, or

(ii) the registrar of the District Court for the proclaimed place (within the meaning of the District Court Act 1973 ) where the subpoena was issued, or where the subpoena is returnable, whichever is applicable, and

(c) in relation to the Local Court, the registrar of the Local Court for the venue where the subpoena was issued.

"subpoena" means an order in writing requiring the addressee--

(a) to attend to give evidence, or

(b) to produce the subpoena or a copy of it and a document or thing, or

(c) to do both of those things,

and includes a summons to that effect under section 165 of the Industrial Relations Act 1996 .

(2) To the extent that a subpoena requires the addressee to attend to give evidence, it is called a
"subpoena to attend to give evidence" .

(3) To the extent that a subpoena requires the addressee to produce the subpoena or a copy of it and a document or thing, it is called a
"subpoena to produce" .

Note : See also rules 7.3, 10.12, 10.20, 31.20, 31.22 and 31.23 with respect to the issue and service of subpoenas.