Victorian Consolidated Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 42.10

Disposal of documents and things produced

    (1)     Unless the Court otherwise orders, the Prothonotary may, in the Prothonotary's discretion, return to the addressee any document or thing produced to him in response to the subpoena.

    (2)     Unless the Court otherwise orders, the Prothonotary shall not return any document or thing under paragraph (1) unless the Prothonotary has given to the issuing party at least 14 days' notice of the intention to do so and that period has expired.

Rule 42.10(3) substituted by S.R. No. 98/2017 rule 7.

    (3)     The addressee of a subpoena which is in accordance with Form 42B or Form 42C must complete the declaration by the addressee provided for in the subpoena.

Rule 42.10(4) substituted by S.R. No. 98/2017 rule 7.

    (4)     The completed declaration must be included in the subpoena or copy of the subpoena which accompanies the documents produced under the subpoena.

    (5)     Subject to paragraph (6), the Prothonotary may, upon the expiry of four months from the conclusion of the proceeding, cause to be destroyed all the documents produced in the proceeding in compliance with a subpoena which were declared by the addressee to be copies.

    (6)     The Prothonotary may cause to be destroyed those documents declared by the addressee to be copies which have become exhibits in the proceeding when they are no longer required in connection with the proceeding, including on any appeal.



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