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Subpoenas

A subpoena is a document that compels a person to give evidence and or to produce documents in their possession to the court. Typically, these persons include doctors, accountants and business proprietors but can include an individual or organisation.

Forms 

There are two types of subpoena forms.  They are:

Form 42A - Subpoena - This form is used when:

a) a person is asked to give evidence in court; at the trial or a scheduled hearing,

b) a person is asked to produce documents to the court; at the trial or a scheduled hearing, or

c) a person is asked to attend to give evidence and to produce documents to the court; at the trial or a scheduled hearing.

Form 42A Inspection

Documents produced under a Form 42A subpoena can only be viewed by order of the Court or with permission of the Prothonotary.

Form 42AA - Subpoena for Production to Prothonotary.  This form is used when the documents are to be produced to the Prothonotary before the trial. It can only be issued where a party has a solicitor and can only be addressed to a non-party to the proceeding.

Form 42AA Inspection

Subject to Order 42A, inspections are by appointment only. It is recommended that appointments be made one week in advance although earlier appointments may be available

 Documents may be inspected by parties, their solicitors or representatives.

Appointments

Appointments are made by contacting the Subpoena Coordinator at:

subpoenas@supremecourt.vic.gov.au

Objections

If a party wishes to object to the production or viewing of documents, they must notify the Prothonotary of their objection prior to the production date of the subpoena.  Notification must be in writing, outlining the reasons for the objection. Objections are then scheduled for a hearing before an Associate Judge.

Links

Supreme Court (General Civil Procedure) Rules 2005 (Chapter One)

Enquiries

Subpoenaed Document Coordinator

Tel: 03 9603 9229