Service by email
40A Service by email
Despite rules 37, 39 and 40, a person on whom a subpoena must be served under 1 of those rules may instead be served by—
if the subpoena was issued electronically—the subpoena being emailed to the person; or
if the subpoena was issued in any other way—an imaged copy of the subpoena being emailed to the person.
However, compliance with a subpoena served under this rule may be enforced, and a proceeding may be taken for noncompliance with the subpoena, only if it is proved that—
the subpoena, or an imaged copy of the subpoena, has been received by the person on whom the subpoena must be served; or
the person on whom the subpoena must be served has actual knowledge of the subpoena.
In this rule—
imaged copy, of a subpoena, means a copy of the subpoena in electronic form, created by scanning or otherwise imaging the subpoena in its paper form.
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