See Practice Note paragraphs 13 and 14.
4 See Practice Note paragraphs 13 and 14.
5 For example, if the respondent pays money into Court or provides security, as provided for in paragraph 12 of the order.
6 See Practice Note paragraph 17.
7 Schedule B is appropriate only in the case of an order without notice.
Form 37BA—Search order
Rule 37B.02
[title of proceeding]
Search order
PENAL NOTICE
TO: [name of person against whom the order is made]
IF YOU (BEING THE PERSON BOUND BY THIS ORDER):
REFUSE OR NEGLECT TO DO ANY ACT WITHIN THE TIME SPECIFIED IN THE ORDER FOR THE DOING OF THE ACT; OR
DISOBEY THE ORDER BY DOING AN ACT WHICH THE ORDER REQUIRES YOU TO ABSTAIN FROM DOING,
YOU WILL BE LIABLE TO IMPRISONMENT, SEQUESTRATION OF PROPERTY OR OTHER PUNISHMENT.
ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS YOU TO BREACH THE TERMS OF THIS ORDER MAY BE SIMILARLY PUNISHED.
TO: [name of person against whom the order is made]
This is a "search order" made against you on [insert date] by Justice [insert name of Judge] at a hearing without notice to you after the applicant has given to the Court the undertakings set out in Schedule B to this order and after the Court has read the affidavits listed in Schedule C to this order.
The applicant has given to the Court the applicant's undertakings set out in Schedule B to this order.
The applicant's solicitor has given to the Court the applicant's solicitor's undertakings set out in Schedule B to this order.
Each independent solicitor has given to the Court the independent solicitor's undertakings set out in Schedule B to this order.
Each independent computer expert has given to the Court the independent computer expert's undertakings set out in Schedule B to this order.
THE COURT ORDERS:
INTRODUCTION
1. (a) The application for this order is made returnable immediately.
The time for service of [describe documents required to be served] is abridged and service is to be effected by [insert time and date].
2. Subject to the next paragraph, this order has effect up to and including [insert date] ("the return date"). On the return date at [insert time] a.m./p.m. there will be a further hearing in respect of this order before Justice [insert name of Judge].
3. You may apply to the Court at any time to vary or discharge this order including, if necessary, by telephone to the Judge referred to in the immediately preceding paragraph (telephone no. ) or to the Judge in the Practice Court (telephone no. ).
4. This order may be served only between [insert time] a.m./p.m. and [insert time] a.m./p.m. [on a business day]1.
5. In this order—
"applicant" means the person who applied for this search order, and if there is more than one applicant, includes all the applicants;
"independent computer expert" means the person (if any) identified as the independent computer expert in the search party referred to in Schedule A to this order;
"independent solicitor" means the person identified as the independent solicitor in the search party referred to in Schedule A to this order;
"listed thing" means the things referred to in Schedule A to this order;
"premises" means the premises and any of the premises identified in Schedule A to this order including any vehicles and vessels that are under the respondent's control on or about those premises or that are otherwise identified in Schedule A;
"search party" means the persons identified or described as constituting the search party in Schedule A to this order;
"thing" includes document;
"you", where there is more than one of you, includes all of you and includes you if you are a corporation;
any requirement that something shall be done in your presence means—
in the presence of you or of one of the persons described in paragraph 6 below; or
if there is more than one of you, in the presence of each of you or, in relation to each of you, in the presence of one of the persons described in paragraph 6 below.
6. This order must be complied with by you by—
yourself;
any director, officer, partner and responsible employee or agent of yourself; or
any other person having responsible control of the premises.
7. This order must be served by, and be executed under the supervision of, the independent solicitor.
ENTRY AND SEARCH
8. Subject to paragraphs 10 to 19 below, upon service of this order you must permit members of the search party to enter the premises so that they can carry out the search and other activities referred to in this order.
9. Having permitted members of the search party to enter the premises, you must—
permit them to leave and re-enter the premises on the same and the following day until the search and other activities referred to in this order are complete;
permit them to search for and inspect the listed things and to make or obtain a copy, photograph, film, sample, test or other record of the listed things;
disclose to them the whereabouts of all the listed things in the respondent's possession, custody or power, whether at the premises or otherwise;
disclose to them the whereabouts of all computers, computer disks and electronic information storage devices or systems at the premises in which any documents among the listed things are or may be stored, located or recorded and cause and permit those documents to be printed out;
do all things necessary to enable them to access the listed things, including opening or providing keys to locks and enabling them to access and operate computers and providing them with all necessary passwords;
permit the independent solicitor to remove from the premises into the independent solicitor's custody—
the listed things or things which reasonably appear to the independent solicitor to be the listed things and any things the subject of dispute as to whether they are listed things;
the copies, photographs, films, samples, tests, other records and printed out documents referred to above; and
permit the independent computer expert (if there is one) to search any computer and make a copy or digital copy of any computer hard drive and permit the independent computer expert (if any) or the independent solicitor to remove any computer hard drive and computer from the premises as set out in paragraphs 20 and 21 below.
RESTRICTIONS ON ENTRY, SEARCH AND REMOVAL
10. This order must not be executed at the same time as the execution by the police or other proper authority of a search warrant.
11. You are not required to permit anyone to enter the premises until—
the independent solicitor serves you with copies of this order and the documents referred to in Schedule C (confidential exhibits, if any, need not be served until further order of the Court); and
you are entitled to read this order and to have the independent solicitor explain the terms of this order to you.
12. Before permitting entry to the premises by anyone other than the independent solicitor, you, for a time (not to exceed two hours from the time of service or such longer period as the independent solicitor may permit)—
may seek legal advice;
may ask the Court to vary or discharge this order;
(provided you are not a corporation) may gather together any things which you believe may tend to incriminate you or make you liable to a civil penalty and hand them to the independent solicitor in (if you wish) a sealed envelope or container; and
may gather together any documents passing between you and your lawyers for the purpose of obtaining legal advice or otherwise subject to legal professional privilege or client legal privilege, and hand them to the independent solicitor in (if you wish) a sealed envelope or container.
13. Subject to paragraph 22 below, the independent solicitor must not inspect or permit to be inspected by anyone, including the applicant and the applicant's solicitors, any thing handed to the independent solicitor in accordance with paragraphs 12(c) and (d) above and the independent solicitor must deliver it to the Court at or prior to the hearing on the return date.
14. During any period referred to in paragraph 12 above, you must—
inform and keep the independent solicitor informed of the steps being taken;
permit the independent solicitor to enter the premises but not to start the search;
not disturb or remove any listed things; and
comply with the terms of paragraphs 25 and 26 below.
15. Any thing the subject of a dispute as to whether it is a listed thing must promptly be handed by you to the independent solicitor for safekeeping pending resolution of the dispute or further order of the Court.
16. Before removing any listed thing from the premises (other than the things referred to in the immediately preceding paragraph), the independent solicitor must supply a list of them to you, give you a reasonable time to check the correctness of the list, and give you and the applicant's solicitors a copy of the list signed by the independent solicitor.
17. The premises must not be searched, and things must not be removed from the premises, except in the presence of you or of a person who appears to the independent solicitor to be your director, officer, partner or employee, agent or other person acting on your behalf or on your instructions.
18. If the independent solicitor is satisfied that full compliance with the immediately preceding paragraph is not reasonably practicable, the independent solicitor may permit the search to proceed and the listed things to be removed without full compliance.
19. The applicant's solicitors and the independent solicitor must not allow the applicant in person to inspect or have copies of any thing removed from the premises nor communicate to the applicant information about their contents or about anything observed at the premises until 4.30 p.m. on the return date or other time fixed by further order of the Court.
COMPUTERS
20. (a) If it is expected that a computer will be searched, the search party must include a computer expert who is independent of the applicant and of the applicant's solicitors ("the independent computer expert").
Any search of a computer must be carried out only by the independent computer expert.
The independent computer expert may make a copy or digital copy of the computer hard drive and remove that copy or digital copy from the premises.
The independent computer expert may search the computer or the copy or digital copy of the computer hard drive at the premises or away from the premises or both for listed things and may copy the listed things electronically or in hard copy or both.
The independent computer expert must as soon as practicable and, in any event, prior to the hearing on the return date, deliver the copy or digital copy of the computer hard drive and all electronic and hard copies of listed things to the independent solicitor, together with a report of what the independent computer expert has done including a list of such electronic and hard copies.
The independent solicitor must, at or prior to the hearing on the return date, deliver to the Court all things received from the independent computer expert and serve a copy of the latter's report on the parties.
If no independent computer expert has been appointed, but the independent solicitor considers it necessary to remove a computer from the premises for safekeeping or for the purpose of copying its contents electronically and printing out information in documentary form, the independent solicitor may remove the computer from the premises for that purpose and cause that purpose to be achieved.
21. (a) This paragraph 21 applies if you are not a corporation and you wish to object to complying with paragraph 20 on the grounds that some or all of the information required to be disclosed may tend to prove that you—
have committed an offence against or arising under an Australian law or a law of a foreign country; or
are liable to a civil penalty.
This paragraph 21 also applies if you are a corporation and all persons who are able to comply with paragraph 20 on your behalf and with whom you have been able to communicate, wish to object to your complying with paragraph 20 on the grounds that some or all of the information required to be disclosed may tend to prove that they respectively—
have committed an offence against or arising under an Australian law or a law of a foreign country; or
are liable to a civil penalty.
You must—
disclose so much of the information required to be disclosed to which no objection is taken; and
prepare an affidavit containing so much of the information required to be disclosed to which objection is taken and deliver it to the Court in a sealed envelope; and
file and serve on each other party a separate affidavit setting out the basis of the objection.
INSPECTION
22. Prior to the return date, you or your solicitor or representative shall be entitled, in the presence of the independent solicitor, to inspect any thing removed from the premises and to—
make copies of the same; and
provide the independent solicitor with a signed list of things which are claimed to be privileged or confidential and which you claim ought not to be inspected by the applicant.
PROVISION OF INFORMATION
23. Subject to paragraph 24 below you must—
at or before the further hearing on the return date (or within such further time as the Court may allow) to the best of your ability inform the applicant in writing as to—
the location of the listed things;
the name and address of everyone who has supplied you, or offered to supply you, with any listed thing;
the name and address of every person to whom you have supplied, or offered to supply, any listed thing; and
details of the dates and quantities of every such supply and offer; and
within [ ] working days after being served with this order, swear and serve on the applicant an affidavit setting out the above information.
24. (a) This paragraph 24 applies if you are not a corporation and you wish to object to complying with paragraph 23 on the grounds that some or all of the information required to be disclosed may tend to prove that you—
have committed an offence against or arising under an Australian law or a law of a foreign country; or
are liable to a civil penalty.
This paragraph 24 also applies if you are a corporation and all persons who are able to comply with paragraph 23 on your behalf and with whom you have been able to communicate, wish to object to your complying with paragraph 23 on the grounds that some or all of the information required to be disclosed may tend to prove that they respectively—
have committed an offence against or arising under an Australian law or a law of a foreign country; or
are liable to a civil penalty.
You must—
disclose so much of the information required to be disclosed to which no objection is taken; and
prepare an affidavit containing so much of the information required to be disclosed to which objection is taken and deliver it to the Court in a sealed envelope; and
file and serve on each other party a separate affidavit setting out the basis of the objection.
PROHIBITED ACTS
25. Except for the sole purpose of obtaining legal advice, you must not, until 4.30 p.m. on the return date, directly or indirectly inform any person of this proceeding or of the contents of this order, or tell any person that a proceeding has been or may be brought against you by the applicant.
26. Until 4.30 p.m. on the return date you must not destroy, tamper with, cancel or part with possession, power, custody or control of the listed things otherwise than in accordance with the terms of this order or further order of the Court.
COSTS
27. The costs of this application are reserved.
SCHEDULE A
Premises
The premises located at [insert address or addresses] including any vehicle or vessel or vehicles or vessels under the respondent's control on or about those premises.
Listed Things
1.
2.
3.
Search Party
1. The independent solicitor: [insert name and address]
2. The applicant's solicitor or solicitors:
[insert name and address] [or description e.g. a partner or employed solicitor] of [name of firm];
[insert name and address] [or description e.g. a partner or employed solicitor] of [name of firm];
[insert name and address] [or description e.g. a partner or employed solicitor] of [name of firm].
3. Other members of the search party:
[insert name and address] in the capacity of [e.g. an independent computer expert];
[insert name and address] in the capacity of [insert capacity].
SCHEDULE B—UNDERTAKINGS GIVEN TO THE COURT
Undertakings given to the Court by the applicant:
The applicant undertakes to submit to such order (if any) as the Court may consider to be just for the payment of compensation (to be assessed by the Court or as it may direct) to any person (whether or not a party) affected by the operation of the order.
The applicant will not, without leave of the Court, use any information, document or thing obtained as a result of the execution of this order for the purpose of any civil or criminal proceeding, either within or outside Australia, other than this proceeding.
The applicant will not inform any other person of the existence of this proceeding except for the purposes of this proceeding until after 4.30 p.m. on the return date.
If the applicant has not already done so, as soon as practicable the applicant will file a copy of this order and [describe documents required to be filed].
[(5) The applicant will insure the things removed from the premises against loss or damage for an amount that reasonably appears to the applicant to be their full value.]2
[(6) The applicant will3—
on or before [insert date] cause a written irrevocable undertaking to pay in the sum of $ [insert amount] to be issued from a bank with a place of business within Australia, in respect of any order the Court may make referred to in the undertaking as to damages referred to in undertaking (1) above; and
immediately upon issue of the irrevocable undertaking to pay, cause a copy of it to be served on the respondent.]
Undertakings given to the Court by the applicant's solicitor:
The applicant's solicitor will pay the reasonable costs and disbursements of the independent solicitor and of any independent computer expert.
The applicant's solicitor will provide to the independent solicitor for service on the respondent copies of this order and the documents which are listed in Schedule C.
The applicant's solicitor will answer at once to the best of his or her ability any question as to whether a particular thing is a listed thing.
The applicant's solicitor will use his or her best endeavours to act in conformity with the order and to ensure that the order is executed in a courteous and orderly manner and in a manner that minimises disruption to the respondent.
The applicant's solicitor will not, without leave of the Court, use any information, document or thing obtained as a result of the execution of this order for the purpose of any civil or criminal proceeding, either within or outside Australia, other than this proceeding.
The applicant's solicitor will not inform any other person of the existence of this proceeding except for the purposes of this proceeding until after 4.30 p.m. on the return date.
The applicant's solicitor will not disclose to the applicant any information that the solicitor acquires during or as a result of execution of the search order, without leave of the Court.
The applicant's solicitor will use his or her best endeavours to follow all directions of the independent solicitor.
Undertakings given to the Court by the independent solicitor:
The independent solicitor will use his or her best endeavours to serve the respondent with this order and the other documents referred to in undertaking (2) of the above undertakings by the applicant's solicitor or solicitors.
Before entering the premises, the independent solicitor will—
offer to explain the terms of the search order to the person served with the order and, if the offer is accepted, do so;
inform the respondent of his or her right to take legal advice.
Subject to undertaking (4) below, the independent solicitor will retain custody of all things removed from the premises by the independent solicitor pursuant to this order until delivery to the Court or further order of the Court.
At or before the hearing on the return date, the independent solicitor will provide a written report on the carrying out of the order to the Court and provide a copy to the applicant's solicitors and to the respondent or the respondent's solicitors. The report will attach a copy of any list made pursuant to the order and a copy of any report received from an independent computer expert.
The independent solicitor will use his or her best endeavours—
to ensure that members of the search party act in conformity with the order; and
to ensure that the order is executed in a courteous and orderly manner and in a manner that minimises disruption to the respondent; and
to give such reasonable directions to other members of the search party as are necessary or convenient for the execution of the order.
The independent solicitor will not, without leave of the Court, use any information, document or thing obtained as a result of the execution of this order for the purpose of any civil or criminal proceeding, either within or outside Australia, other than this proceeding.
The independent solicitor will not inform any other person of the existence of this proceeding except for the purposes of this proceeding until after 4.30 p.m. on the return date.
Undertakings given to the Court by the independent computer expert:
The independent computer expert will use his or her best endeavours to act in conformity with the order and to ensure that the order, so far as it concerns the independent computer expert, is executed in a courteous and orderly manner and in a manner that minimises disruption to the respondent.
The independent computer expert will not, without leave of the Court, use any information, document or thing obtained as a result of the execution of this order for the purpose of any civil or criminal proceeding, either within or outside Australia, other than this proceeding.
The independent computer expert will not inform any other person of the existence of this proceeding except for the purposes of this proceeding until after 4.30 p.m. on the return date.
The independent computer expert will use his or her best endeavours to follow all directions of the independent solicitor.
SCHEDULE C—DOCUMENTS THAT MUST BE SERVED WITH THIS ORDER
The following affidavits and exhibits to them:
Name of deponent | Date affidavit was made | Exhibits numbered |
|---|
(1) |
(2) |
(3) |
The following written submissions put to the Court:
Other documents provided to the Court:
A transcript [note] of any oral allegation of fact that was made, and of any oral submission that was put, to the Court:
The originating motion [draft originating motion] produced to the Court:
The summons [draft summons] produced to the Court:
NAME AND ADDRESS OF APPLICANT'S SOLICITORS
The Applicant's solicitors are: [insert name, address, reference, fax and telephone numbers both in and out of office hours and e-mail].
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 Normally the order should be served between 9:00 a.m. and 2:00 p.m. on a weekday to enable the respondent more readily to obtain legal advice.
2 Depending on the nature of the things likely to be removed and their likely value, and the likely particular risks of their being lost or damaged, this undertaking or a more elaborate one may be required.
3 See Practice Note paragraph 18.
Form 39A—Deed of guarantee
Rule 39.05(B)
[heading as in originating process]
Deed of guarantee
THIS guarantee is made the day of 20 , between [name] of [address], called "the guarantor", and the Registrar of the County Court of the State of Victoria.
By an order of the County Court of the State of Victoria made [insert date of order], in the abovementioned proceeding, [name] of [address], called "the receiver", has been appointed to receive [or receive and manage] [follow words of the order].
And pursuant to the said order the receiver is required to give security approved by the Court.
And the guarantor has agreed at the request of the receiver to give a guarantee in consideration of the annual premium mentioned below, which guarantee has been approved by the Court in testimony whereof an associate judge of the County Court has signed an allowance in the margin of this deed.
This guarantee witnesses that the guarantor promises the Registrar that if the receiver does not account to the Court for what the receiver receives as receiver or does not deal with what the receiver receives as the Court directs the guarantor will pay to the Registrar whatever is required to make good the default to a limit of $ .
Guarantee for $ . Annual premium $ .
The Common Seal of)
was)
affixed to this deed in)
the presence of)
Form 41A—Order for examination within Victoria
Rule 41.01(2)
[heading as in originating process] [other particulars as in Form 60C]
Order for examination within Victoria
THE COURT ORDERS THAT:
[name] of [address within Victoria] be examined before [name and address or description of examiner].
Form 41B—Order for examination out of Victoria
Rule 41.01(2)
[heading as in originating process] [other particulars as in Form 60C]
ORDER FOR EXAMINATION OUT OF VICTORIA
THE COURT ORDERS THAT:
1. [name and address or description] be appointed as examiner for the purpose of taking the examination, cross-examination and re‑examination orally on oath or affirmation of a witness [name] of [address out of Victoria] a witness on the part of at in [name of country].
2. The examiner be at liberty to invite the attendance of* the witness and the production of documents, but shall not exercise any compulsory powers, and that otherwise the examination be taken in accordance with the procedure of Victoria.
3. The solicitors give to the solicitors day's notice of the date on which they propose to send out this order to for execution, and that days after the service of such notice the solicitors for the plaintiff and defendant respectively exchange the names of their agents at to whom notice relating to the examination of the said witness may be sent.
4. days before the examination of the said witness notice of such examination be given by the agent to the party on whose behalf the witness is to be examined to the agent of the other party, unless such notice be dispensed with.
5. The depositions when taken, together with any documents referred to in the depositions, or certified copies of such documents, or of extracts from those documents, be sent by the examiner, under seal, to the Registrar of the County Court of Victoria, William Street, Melbourne, on or before 20 or such further day as may be ordered, there to be filed in the Registrar's office.
6. The trial of the proceeding be stayed until the depositions are filed or further order.
7. The costs of this application and the examination be costs in the proceeding.
*[If any Convention which applies requires that the invitation or notice to the witness shall expressly state that no compulsory powers may be exercised, this shall be done.]
Form 41AA—Notice of application for audio visual link or audio link
Rule 41A.02
[heading as in originating process]
Notice of application for audio visual link or audio link
PART 1—PARTICULARS OF APPLICATION
I, [name of applicant]
of [address of applicant or firm of solicitor for applicant]
request an *audio visual/*audio link under section 42E(1) of the Evidence (Miscellaneous Provisions) Act 1958 in accordance with the following details:
1. *Audio visual/*Audio link:
From [originating city/town]
To [receiving city/town]
2. Type of hearing: [e.g. *Hearing/*Practice Court Hearing/*Directions Hearing/*Taxation of Costs/*Other]
3. Number of persons to appear before, or give evidence by *audio visual/*audio link:
4. Suggested time (if any) for link:
5. Estimate of duration of link:
6. Is this application being made with the consent of the parties to the proceeding?
7. If the answer to question 6 is No, what parties have not given consent?
8. If a hearing date has been fixed, what is the date of the hearing?
I undertake to pay, in the first instance, the appropriate amount (if any) prescribed by the regulations (if any) under section 42H(1) of the Act.
Date:
[Signature]
PART 2—PARTICULARS OF HEARING
(to be completed by the Registrar)
The application will be heard before the Judge in the Court, [or the associate judge in the Court] County Court, William Street, Melbourne on [insert date] at a.m. [or p.m.] or so soon afterwards as the business of the Court allows.
FILED [insert date].
*delete if not applicable.
Form 41BA inserted by S.R. No. 77/2023 rule 5.
Form 41BA—Notice of intention to apply for leave in relation to confidential communication
Rule 41B.01
[heading as in originating process]
notice of intention to apply for leave in relation to confidential communication
(Section 32CA(1) of the Evidence (Miscellaneous Provisions) Act 1958)
To [name]
of [address]
I, [name of applicant]
intend to apply on [date] at [time] in the County Court, 250 William Street, Melbourne for leave under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958:
*to issue a subpoena for the production of a document which may contain
*to produce a document which may disclose
*to adduce evidence of, or to adduce a document which may record,
a confidential communication (as defined in section 32B(1) of the Evidence (Miscellaneous Provisions) Act 1958).
The nature of the confidential communication sought to be produced or adduced is: [provide details]
The matters to be taken into account to determine whether leave should be granted are as set forth in section 32D of the Evidence (Miscellaneous Provisions) Act 1958.
*You are not required to produce the document which may contain a confidential communication unless the Court makes an order under section 32C(1)(a) or 32CF(1) of the Evidence (Miscellaneous Provisions) Act 1958.
Date:
[Signature]
This notice duly completed must be served upon:
• each other party to the proceeding; and
• the medical practitioner or counsellor (as the case requires, if not a party); and
• the protected person
not less than 14 days before the date for the hearing of the application.
*Delete if not applicable.
Form 41BB inserted by S.R. No. 77/2023 rule 5.
Form 41BB—Declaration by proposed recipient of the subpoena—physical production
Rule 41B.03
[heading as in originating process]
DECLARATION BY PROPOSED RECIPIENT OF THE SUBPOENA—PHYSICAL PRODUCTION
You must complete the declaration below if the Court makes an order under section 32CF(1) of the Evidence (Miscellaneous Provisions) Act 1958 requiring you to produce the document to the Court and you physically produce the document. The completed declaration must accompany the documents you produce to the Court in compliance with the order.
If you declare that the material you produce is copies of documents, the Registrar may, without further notice to you, destroy the copies—
if leave is not granted by the Court under section 32C(1)(a) of the Evidence (Miscellaneous Provisions) Act 1958 to compel you to produce a document containing a confidential communication, after the expiry of three days from the determination of the application for leave; or
if leave is granted by the Court under section 32C(1)(a) of the Evidence (Miscellaneous Provisions) Act 1958 to compel you to produce a document containing a confidential communication, after the expiry of four months from the conclusion of the proceeding or, if the documents become exhibits in the proceeding, when they are no longer required in connection with the proceeding, including on any appeal.
If you declare that the material you produce is or includes any original document, the Court will return all of the material to you at the address specified by you in the Declaration below.
[tick the relevant option below, provide your address as appropriate, sign and date]
□ All copied documents All of the material I am providing in compliance with the order of the Court are copies of documents. I acknowledge that the Court will destroy the copies once they are no longer required, without further notice to me.
□ Some original documents Some or all of the material I am providing in compliance with the order of the Court is an original document. Once the material is no longer required, all of the material should be returned to me at the following address—
[insert address for return of material].
Date:
[signature of proposed recipient]
[name of proposed recipient]
Form 42A amended by S.R. No. 81/2023 rule 25.
Form 42A—Subpoena to attend to give evidence
Rule 42.03(1)(a)
[heading as in originating process]
Subpoena to attend to give evidence
To [name]
of [address]:
YOU ARE ORDERED to attend to give evidence: see below for details.
Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest.
You should read all of the Notes set out at the end of this subpoena.
The last day for service of this subpoena is: [date]. (See Note 1)
Date:
[Seal of the Court]
Details of subpoena
You are required by this subpoena to attend to give evidence and you must attend as follows unless you receive notice of a later date or time from the issuing party, in which case, the later date or time is substituted:
Date:
Time:
Place:
You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed.
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