Victorian Consolidated Regulations Victorian Consolidated Regulations(1) A subpoena shall be in accordance with—
(a) Form 42A, for a subpoena to attend to give evidence;
(b) Form 42B, for a subpoena to produce; or
(c) Form 42C, for a subpoena both to attend to give evidence and to produce.
(2) A subpoena shall not be addressed to more than one person.
(3) Unless the Court otherwise orders, a subpoena shall identify the addressee by name or by description of office or position.
Rule 42.03(4) substituted by S.R. No. 81/2023 rule 6.
(4) A subpoena to produce shall—
(a) identify the document or thing to be produced;
(b) for a document, specify—
(i) the date and time for production; and
(ii) that the document is to be produced by lodging an electronic copy in eCase; and
(c) for a thing, specify the date, time and place for production.
Note
A document, a copy of a document or a thing in place of a document may be physically produced if leave is granted by the Registrar or the Court. See Rule 42.06(3B) and (3C).
(5) A subpoena to attend to give evidence shall specify the date, time and place for attendance.
(6) The date specified in a subpoena shall be the date of trial or any other date as ordered by the Court.
(7) The place specified for production may be the Court or the address of any person authorised to take evidence in the proceeding as ordered by the Court.
(8) The last date for service of a subpoena—
(a) is the date falling 5 days before the earliest date on which an addressee is required to comply with the subpoena or an earlier or later date fixed by the Court; and
(b) shall be specified in the subpoena.
(9) If the addressee is a corporation, the corporation shall comply with the subpoena by its appropriate or proper officer.