Victorian Consolidated Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 42.02

Issuing of subpoena

    (1)     The Court may, in any proceeding, by subpoena order the addressee

        (a)     to attend to give evidence as directed by the subpoena;

        (b)     to produce the subpoena or a copy of it and any document or thing as directed by the subpoena; or

        (c)     to do both of those things.

    (2)     The Prothonotary shall not issue a subpoena

        (a)     if the Court has made an order, or there is a Rule of the Court, having the effect of requiring that the proposed subpoena

              (i)     not be issued; or

              (ii)     not be issued without the leave of the Court and that leave has not been given; or

        (b)     requiring the production of a document or thing in the custody of the Court or another court.

    (3)     The Prothonotary shall seal with the seal of the Court, or otherwise authenticate, a sufficient number of copies of the subpoena for service and proof of service.

    (4)     A subpoena is taken to have been issued on its being sealed or otherwise authenticated in accordance with paragraph (3).

Rule 42.02(5) inserted by S.R. No. 58/2018 rule 21.

    (5)     In any proceeding to which Order 28A applies, the Prothonotary may issue in RedCrest a subpoena which has been submitted by a party.



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