Queensland Consolidated Regulations

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Formal requirements

415 Formal requirements

(1) A particular type of subpoena must be in the approved form for that type of subpoena.
(2) A subpoena must not be directed to more than 1 person.
(3) A subpoena must specify the person to whom it is directed by name or description of office or position.
(4) A subpoena to give evidence must state the date, time and place for attendance.
(5) A subpoena for production must—
(a) identify the document or thing to be produced; and
(b) state the date, time and place for production.
(6) Also, a subpoena for production must bear a notice, to be set out in the approved form advising the person required to comply with it that the person has the right to apply to the court to have the subpoena set aside on any sufficient grounds, including—
(a) want of relevance; or
(b) privilege; or
(c) oppressiveness, including oppressiveness because substantial expenses may not be reimbursed; or
(d) noncompliance with these rules.
(7) A subpoena for production and to give evidence must state the matters required to be stated in a subpoena under subrules (4) , (5) and (6) .
(8) Also, a subpoena must state the last date for service of the subpoena.
(9) If the person to whom a subpoena is directed is a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.
(10) In this rule—

"last date" , for service of a subpoena, means—
(a) if the court has fixed a date by which the subpoena must be served—the date fixed by the court; or
(b) otherwise—the date that is 5 days before the earliest date the person to whom the subpoena is directed is required to comply with it.

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