Victorian Consolidated Regulations Victorian Consolidated Regulations(1) Subject to any order of the Court, the Prothonotary—
(a) may in the Prothonotary's discretion return to the addressee any document produced to the Prothonotary in compliance with the subpoena;
(b) shall, upon returning the document, inform the addressee that the subpoena to produce remains in force until the trial or other determination of the proceeding; and
(c) may specify a date by which the document is to be produced again to the Prothonotary in compliance with the subpoena.
(2) Subject to paragraph (3), the Prothonotary shall not return any document under paragraph (1) until after the Prothonotary has given to the issuing party 14 days' notice in writing of the Prothonotary's intention to do so.
(3) In an urgent case and at the request of—
(a) the addressee; or
(b) in the case of any hospital or medical file or record concerning the plaintiff or the plaintiff's condition, the plaintiff—
the Prothonotary may return a document under paragraph (1) without first giving notice under paragraph (2), but in such a case, after returning the document, the Prothonotary shall give notice to the issuing party that the document has been returned.
Rule 42A.12(4) inserted by S.R. No. 125/2017 rule 6(2).
(4) The addressee of a subpoena must complete the declaration by the addressee provided for in the subpoena.
Rule 42A.12(5) inserted by S.R. No. 125/2017 rule 6(2).
(5) The completed declaration must be included in the subpoena or copy of the subpoena which accompanies the documents produced under the subpoena.
Rule 42A.12(6) inserted by S.R. No. 125/2017 rule 6(2).
(6) Subject to paragraph (7), 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.
Rule 42A.12(7) inserted by S.R. No. 125/2017 rule 6(2).
(7) 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.