Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 637

637 Subpoenas

(1) A person may apply to the registrar for a subpoena requiring another person—

(a) to bring into the registry or otherwise as the court may direct a will or other testamentary paper; or

(b) to attend the court for examination in relation to any matter relevant to a proceeding under this chapter.

(2) The applicant must serve the subpoena on the person to whom it is directed.

(3) An application for the issue of a subpoena requiring a person to bring into the registry, or as directed in the subpoena, a will or other testamentary paper must be supported by an affidavit showing that the will or testamentary paper is believed to be in the person’s possession or control and the grounds for the belief.

(4) If the person against whom the subpoena is issued denies that the will is in the person’s possession or control, the person must file in the registry an affidavit to that effect.

Note—

For general provisions about subpoenas, see chapter 11 , part 4 .