Victorian Consolidated Regulations Victorian Consolidated Regulations(1) Subject to this Rule and Rule 1.09.1, Order 42 of Chapter I applies with any necessary modification to any proceeding to which these Rules relate.
(1A) In a proceeding to which these Rules relate a subpoena shall be in accordance with—
(a) Form 1D, for a subpoena to attend to give evidence;
(b) Form 1E, for a subpoena to produce; or
(c) Form 1EA, for a subpoena both to attend to give evidence and to produce.
(1B) An addressee need not comply with the requirement of a subpoena to attend to give evidence (a subpoena in Form 1D) or a subpoena both to attend to give evidence and to produce (a subpoena in Form 1EA) unless conduct money has been provided or tendered to the addressee a reasonable time before the day on which attendance is required.
(1C) In a proceeding to which these Rules relate, an order fixing a time as described in Rule 42.03(8)(a) of Chapter I shall be in accordance with Form 1I.
Note
Rule 42.03(8) of Chapter I relates to the last date for service of a subpoena. That is ordinarily the date falling 5 days before the earliest date on which an addressee is required to comply with it. However, Rule 42.03(8)(a) provides for the Court to fix a different last date for service of a subpoena.
Rule 1.09(2) amended by S.R. No. 81/2023 rule 28(1).
(2) Leave of the Court is required to view all documents and things returned on a subpoena in any proceeding to which these Rules relate.
(3) A subpoena in a proceeding to which these Rules relate shall be served personally by giving a copy of the subpoena to the person to be served.
Rule 1.09(4) amended by S.R. No. 81/2023 rule 28(2).
(4) The addressee of a subpoena which is in accordance with Form 1E or Form 1EA must complete the declaration by the addressee provided for in the subpoena if leave is granted by the Court or Registrar for physical production of the documents.
Rule 1.09(5) amended by S.R. No. 81/2023 rule 28(3).
(5) The completed declaration must be included in the subpoena or copy of the subpoena which accompanies the documents physically produced under the subpoena.
Rule 1.09(6) substituted by S.R. No. 81/2023 rule 28(4).
(6) Subject to paragraph (7), the Registrar may, upon the expiry of four months from the conclusion of a proceeding, cause to be destroyed all—
(a) the electronic copies of documents produced in compliance with a subpoena; or
(b) the documents physically produced in response to a subpoena and which were declared by the addressee to be copies.
Rule 1.09(7) substituted by S.R. No. 81/2023 rule 28(4).
(7) The Registrar may cause to be destroyed the electronic copies and documents referred to in paragraph (6) which have become exhibits in the proceeding when they are no longer required in connection with the proceeding, including on any appeal.