Typically, subpoenas are issued to doctors, accountants and business owners, but they can also be served on individuals or organisations.
Types of subpoenas
There are four types of civil subpoenas that the Court may issue. Each has a different function, specifically:
- Subpoena to attend to give evidence - compels a person to attend to give evidence at the trial of a proceeding.
- Subpoena to produce - compels a person to produce documents at the trial of a proceeding.
- Subpoena to attend to give evidence and to produce - compels a person to give evidence and produce documents at the trial of a proceeding.
- Subpoena for production to the Prothonotary - compels a person to produce documents to the Prothonotary for inspection by the parties. This may be used as an alternative to a Subpoena to produce, whereby the issuing party wishes to inspect subpoenaed records prior to the trial of the proceeding.
The forms related to each of these subpoenas can be found in the Subpoena Forms section below.
What do I do if I have been served with a subpoena?
The notes section at the back of your subpoena will provide information on what to do if you have been served with a subpoena.
If you are having trouble complying with the subpoena please contact the party who issued it. Their contact details will be located on the front of the subpoena.
For all other enquires, please contact the Subpoenaed Documents Coordinator at the Registry on 03 8600 2038 or by email to email@example.com@saneopbus
- Form 42A Subpoena to Attend to Give Evidence
- Form 42B Subpoena to Produce
- Form 42C Subpoena Both to Attend to Give Evidence and to Produce
- Form 42AA Subpoena for Production to the Prothonotary .
For further information on Form 42A, 42B and 42C subpoenas, refer to Order 42 of the Supreme Court (General Civil Procedure) Rules 2015.
For further information on Form 42AA subpoenas, refer to Order 42A of the Supreme Court (General Civil Procedure) Rules 2015.
Subpoenaed documents produced to the Prothonotary may be inspected by appointment only. Most inspections can be facilitated electronically.
Before inspection can occur, the Subpoenaed Documents Coordinator will first check that:
- no objections have been lodged; and
- an affidavit of service has been filed by the issuing party that confirms service on the subpoena addressee and each other party
To make an appointment, please contact the Subpoenaed Documents Coordinator by email to firstname.lastname@example.org@saneopbus or call 03 8600 2038.
Please note that there is also a prescribed fee to inspect subpoenaed records, payable per appointment.
On a subpoena, you will need to nominate:
- A last date for service.
- A date for production or attendance.
Dates for service
For subpoenas being served in Victoria, the last date for service of a subpoena should be no less than five business days (one week) before the date on which the addressee is required to comply.
For subpoenas being served in other states of Australia, the last date for service of a subpoena should be no less than fourteen days (two weeks) before the date on which the addressee is required to comply.
Dates for production and/or attendance
When issuing a Form 42A, 42B or 42C subpoena, the date for production and/or attendance shall be the first day of trial unless otherwise ordered by the Court.
When issuing a Form 42AA subpoena, the date for production of documents shall be five business days (one week) after the date for service when serving in Victoria or fourteen days (two weeks) after the last date for service when serving interstate. The date for production shall also fall on a day that the office of the Court is open.