Criminal Practice Rules 1999

This rule applies if—

a person is committed to be tried before a court; or

an indictment is presented against a person before a court; or

a person starts an appeal to a court; or

a person files an application for leave to make a subsequent appeal under rule 66A, or starts a subsequent appeal.

The prosecutor, accused person, appellant or respondent (the party) may, by subpoena issued by the court’s registrar, require a person to attend the court or another court of the same jurisdiction and do either or both of the following—

give evidence;

produce a document or thing to the court.

However, a subpoena may be issued in relation to an appeal, an application for leave to make a subsequent appeal or a subsequent appeal only with the leave of the court hearing the appeal, application or subsequent appeal.

The party may, in the subpoena, require the person to attend the court—

on a particular day and at a particular time; or

in a particular period, not longer than the period in which the proceeding is listed for hearing, on a day and at a time notice of which is to be given to the person.

If subrule (3)(b) applies, the party must, as soon as practicable, advise the person subpoenaed of the actual day and time the person is required to attend the court.

Without limiting subrule (2), a party may apply to the court for an order allowing the party, by subpoena issued by the court’s registrar, to require a person to produce a document or thing to the proper officer of the court on or before a stated day.

The proper officer must hold the document or thing subject to the court’s direction and must not allow anyone to inspect the document or thing other than as directed by the court.

A person may apply to the court to—

inspect a document or thing produced under subrule (5); or

copy a document produced under subrule (5).

The application may be decided by hearing only the applicant, unless the court decides otherwise.

If the application is granted, the person may, on payment of the fee prescribed by regulation—

for an application under subrule (7)(a)—inspect the document or thing; or

for an application under subrule (7)(b)—copy the document.

A party obtaining the issue of a subpoena under this rule must file a copy of it with the registrar.

Subrule (11) applies if a document or thing is not tendered or admitted into evidence—

if the proceeding for which it was produced is heard—by the end of the hearing; or

otherwise—by the end of the period during which the proceeding was listed for hearing.

The proper officer must, as soon as practicable, return the document or thing to the person required to produce it.