Compliance with subpoena
42.06 Compliance with subpoena
An addressee need not comply with the requirements of a subpoena to attend to give evidence (a subpoena in Form 42A) or a subpoena both to attend to give evidence and to produce (a subpoena in Form 42C) unless conduct money has been provided or tendered to the addressee a reasonable time before the day on which attendance is required.
An addressee need not comply with the requirements of a subpoena unless it is served on or before the day specified in the subpoena as the last day for service of the subpoena.
Despite Rule 42.05(1), an addressee shall comply with the requirements of a subpoena even if it has not been served personally on that addressee if the addressee has, by the last day for service of the subpoena, actual knowledge of the subpoena and of its requirements.
Rule 42.06(3A) inserted by S.R. No. 81/2023 rule 7(1).
Subject to paragraphs (3B) and (3C), the addressee shall comply with a subpoena to produce for a document by electronically lodging a copy of the subpoena and a copy of the document in eCase before or at the date and time specified for production.
Rule 42.06(3B) inserted by S.R. No. 81/2023 rule 7(1).
Despite paragraph (3A), the Registrar or the Court may grant leave to the addressee to physically produce the subpoena or a copy of it and—
the document;
a copy of the document; or
a thing in place of the document.
Rule 42.06(3C) inserted by S.R. No. 81/2023 rule 7(1).
If leave is granted under paragraph (3B), the addressee shall produce the subpoena and the document or thing in accordance with paragraph (4), subject to the terms of the leave that has been granted, instead of in accordance with paragraph (3A).
Rule 42.06(4) amended by S.R. No. 81/2023 rule 7(2).
The addressee shall comply with a subpoena to produce a thing, or if leave is granted under paragraph (3B), a document or thing—
by attending at the date, time and place specified for production and producing the subpoena or a copy of it and the document or thing to the Court or to the person authorised to take evidence in the proceeding as permitted by the Court; or
by delivering or sending the subpoena or a copy of it and the document or thing to the Registrar at the address specified for the purpose in the subpoena, so that they are received not less than two clear business days before the day specified in the subpoena for attendance and production.
Rule 42.06(5) amended by S.R. No. 81/2023 rule 7(3).
In the case of a subpoena that is both a subpoena to attend to give evidence and a subpoena to produce, production of the subpoena or a copy of it and of the document or thing in any of the ways permitted by or under paragraphs (3A), (3B), (3C) and (4) does not discharge the addressee from the obligation to attend to give evidence.
Rule 42.06(5A) inserted by S.R. No. 81/2023 rule 7(4).
A copy of a subpoena and a copy of a document to be lodged in eCase must be in an electronic format specified in the practice note concerning eCase.
Rule 42.06 (6)(7) revoked by S.R. No. 81/2023 rule 7(5).
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Rule 42.07 (Heading) amended by S.R. No. 81/2023 rule 8.
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