Dust Diseases Tribunal Rules 2019

The requesting party for any subpoena requiring production must serve each other party who has an address for service in the proceedings with a copy of the subpoena—

if the return date of the subpoena is on a day that is 14 days or more after the subpoena is issued—within the period of 7 days after the subpoena is issued, or

if the return date of the subpoena is on a day that is less than 14 days after the subpoena is issued—within 24 hours after the subpoena is issued.

The requesting party for a subpoena requiring production who fails to comply with subrule (1) must notify the Tribunal of that failure at the next date on which the subpoena is returnable.

The requesting party for a subpoena requiring production must notify each other party to the proceedings who has an address for service in the proceedings of any new return date for the subpoena fixed after the subpoena is first issued—

if the return date of the subpoena is on a day that is 14 days or more after the new date is fixed—within the period of 7 days after the new date is fixed, or

if the return date of the subpoena is on a day that is less than 14 days after the new date is fixed—within 24 hours after the new date is fixed.

The Tribunal or the Registrar may make an order for costs against a requesting party for a subpoena requiring production if that party fails to comply with subrule (2) or (3), but only in respect of costs incurred by reason of that failure.

A requesting party for a subpoena requiring production need not comply with a requirement under subrule (1), (2) or (3) if the person named is excused from compliance with the subpoena by the requesting party under Rule 28 (2) (Alteration to obligations) before the time when the requesting party had to comply with that requirement.

Nothing in this rule affects the operation of Rule 25 (Subpoena to medical expert).