Dust Diseases Tribunal Rules 2019

On request by a party, the Registrar must issue a subpoena to give evidence or a subpoena for production or a subpoena both to give evidence and for production.

Subrule (1) does not prevent the issue of a subpoena to give evidence and a subpoena for production to the same person in the same proceedings.

Subject to subrule (4) a party requesting the issue of a subpoena must produce the subpoena to the Registrar in duplicate.

Where a party requests in any proceedings the issue of several subpoenas to give evidence in similar terms but addressed to different persons, the party need produce only one original, but that original must contain the name of each person to whom any of the subpoenas is addressed.

The Registrar is not required to place a copy of the subpoena on the Tribunal’s file.

A subpoena for production may be made returnable on the day fixed for the hearing of the proceedings in which it is issued, or, with the leave of the Tribunal or the Registrar, on any other day.

While a claim is subject to the claims resolution process under the Dust Diseases Tribunal Regulations, a subpoena for production of any document or thing—

is to be made returnable on a day that is no later than 5 business days before the commencement of mediation on the claim under that Regulation, and

must permit the person named in the subpoena (whether or not the person is a party) to produce the document or thing to the Registrar.