Setting aside subpoena
97 Setting aside subpoena
A person to whom a subpoena is directed may apply to the court for an order setting aside all or part of the subpoena on any sufficient grounds, including on any of the following grounds—
want of relevance;
privilege;
oppressiveness.
An application under subrule (1) is an application in a proceeding for these rules.
Note—
See part 7, division 2 for how this application is to be made in a proceeding.
A party to the proceeding to which the subpoena relates may apply to the court to be heard on the application to set aside all or part of the subpoena.
The court may hear and decide an application made under subrule (3) at the hearing of the application to set aside all or part of the subpoena.
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