New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 33.6

33.6 Compliance with subpoena

(cf SCR Part 37, rule 6)

(1) An addressee is not required to comply with a subpoena to attend to give evidence unless one of the following has occurred a reasonable time before the date on which attendance is required--

(a) conduct money has been provided to the addressee,

(b) an offer to pay conduct money by electronic means has been made to the addressee.

(1A) An issuing party is taken to submit to orders of the court in relation to the payment of conduct money if the issuing party--

(i) offered to pay conduct money by electronic means to the addressee, and

(ii) has not paid the conduct money to the addressee before the addressee has given evidence.

(2) An addressee need not comply with the requirements of a subpoena unless it is served on or before the date specified in the subpoena as the last date for service of the subpoena.

(3) Despite rule 33.5(1), an addressee must comply with the requirements of a subpoena even if it has not been served personally on that addressee if the addressee has, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.

(4) The addressee must comply with a subpoena to produce--

(a) by attending at the date, time and place specified for production and producing the subpoena or a copy of it and the document or thing to the court or to the person authorised to take evidence in the proceeding as permitted by the court, or

(b) by delivering or sending the subpoena or a copy of it and the document or thing to the registrar at the address specified for the purpose in the subpoena, so that they are received not less than 2 clear days before the date specified in the subpoena for attendance and production.

(5) In the case of a subpoena that is both a subpoena to attend to give evidence and a subpoena to produce, production of the subpoena or a copy of it and of the document or thing in any of the ways permitted by subrule (4) does not discharge the addressee from the obligation to attend to give evidence.

(6) Unless a subpoena specifically requires the production of the original, the addressee may produce a copy of any document required to be produced by the subpoena.

(7) The copy of a document may be--

(a) a photocopy, or

(b) in any electronic form that the issuing party has indicated will be acceptable.

(c)