Australian Capital Territory Numbered Regulations

COURT PROCEDURES RULES 2006 (NO 29 OF 2006) - REG 6764

(SCR o 39A r 6 and o 80 r 3; Qld r 984A (2))

    (1)     This rule applies to a subpoenaed document or thing produced in a proceeding.

Note     See r 6610 (Disposal of subpoenaed documents and things produced) for the return or disposal of documents or things produced on subpoena before the end of the hearing of a proceeding.

    (2)     The registrar must—

    (a)     return, or arrange for the return of, the document or thing to the addressee for the subpoena; or

    (b)     if it is not practicable for the registrar to return, or arrange for the return of, the document or thing to the addressee for the subpoena—give notice to the addressee, or anyone else who appears to the registrar to be the owner or person entitled to possession of the document or thing, to collect the document of thing from the registry not later than 28 days after the day the notice is given.

    (3)     If the document or thing was not put into evidence as an exhibit in the proceeding (whether or not it was marked for identification) and subrule (2) (a) applies, it must be returned as soon as practicable after the hearing of the proceeding.

    (4)     If the document or thing was put into evidence as an exhibit in the proceeding and subrule (2) (a) applies, it must be returned as soon as practicable after—

    (a)     if an appeal is started in relation to the proceeding within the appeal period—the appeal is disposed of; or

    (b)     if an appeal is not started in relation to the proceeding within the appeal period—the appeal period ends.

    (5)     This rule applies subject to any direction of the court under rule 6608 (Removal, return, inspection etc of subpoenaed documents and things).