Court Procedures Rules 2006

An addressee need not comply with the requirements of a subpoena unless conduct money has been handed or tendered to the addressee a reasonable time before the date when attendance is required.

An addressee need not comply with the requirements of a subpoena unless it is served on or before the date stated in the subpoena as the last date for service of the subpoena.

Despite rule 6605 (1), an addressee must comply with the requirements of a subpoena even if it has not been served personally on the addressee (or, if the court orders service in another way, it has not been served in that way) if the addressee has, by the last date for service of the subpoena, actual knowledge of the subpoena and its requirements.

The addressee must comply with a subpoena to produce—

by attending at the date, time and place stated for production or, if the addressee has received a notice under rule 6603A, at the later date or time, and producing the subpoena or a copy of it and the document or thing to the court or the person authorised to take evidence in the proceeding; or

by delivering or sending the subpoena or a copy of it and the document or thing to the registrar at the address stated for the purpose in the subpoena, so that they are received not later than 2 days before the date stated in the subpoena for attendance and production or, if the addressee has received notice under rule 6603A, before the later date.

For a subpoena that is both a subpoena to attend to give evidence and a subpoena to produce, production of the subpoena or a copy of it and the document or thing in any of the ways allowed by subrule (4) does not discharge the addressee from the obligation to attend to give evidence.

Unless a subpoena specifically requires the production of the original, the addressee may produce a copy of any document required to be produced by the subpoena.

A copy of a document may be—

a photocopy of the original; or

in any of the following electronic formats:

.doc;

.docx;

.pdf;

.xls;

.xlsx;

.jpg;

.rtf;

.gif;

.tif;

.avi;

.mov;

.mp3;

.mp4; or

in any other format the issuing party has indicated will be acceptable.