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Subpoenas

Subpoenas for Production

Subpoenas requiring production before the Court may instead be produced to the Prothonotary's Office by hand or post, providing this occurs at least two clear days prior to the date for production on the subpoena (r 42.06(1)). After this time the Prothonotary's Office will not accept the documents. As an alternative, they must be produced to the Court or to the Associate of the Master or Judge who will be hearing the matter by arrangement.

Forms of Subpoenas for Production

• Form 42A - Subpoena to Give Evidence
  
• Form 42B - Subpoena for Production (Natural Person)
  
• Form 42C - Subpoena for Production and to Give Evidence
  
• Form 42D - Subpoena for Production (Corporation)

From 1 February 2007 new rules apply to the filing of subpoenas in the Court. See Subpoenas Notice - February 2007.

Note:
All enquiries in relation to Subpoenas for Production should be directed to the Listing Section - Tel: 9603 9229.

Subpoenas for Production to the Prothonotary

Pursuant to Rule 42.10, a party who is represented by a solicitor may seek to require a non-party to the proceeding to produce a document to the Prothonotary before the trial.

Documents produced need not be in writing but may include videos, disks etcetera provided the original is held by the person named until trial and only a copy is delivered to the Prothonotary. If a copy is produced it must be clearly marked as such.

Inspection of material produced to the Prothonotary occurs without leave of the court, unless an objection has been lodged. Practitioners should make an appointment with the Registry to come and inspect.

Subpoenas for Production to the Prothonotary are to be made in either Form 42E (to a natural person) or Form 42F (to a corporation).

These subpoenas are ordinarily given a return date of approximately 3 weeks and, although, shorter periods can be arranged, a return date will not be given where it would be impossible to comply with all other aspects of the Rule.

Where a party other than the plaintiff seeks by subpoena production of any hospital or medical file/record concerning the plaintiff or their condition, the plaintiff may inspect the file/record produced prior to taking objection. The plaintiff must inspect documents and notify objection in writing within seven days after the day specified in the subpoena for production to Prothonotary.

Note:
All enquiries relating to the filing and service of subpoenas as well as the inspection, objections and return of documents - Tel: 9603 9229.