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r 42.02

Issuing of subpoena

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Part 2Offers of compromise

42.02 Issuing of subpoena

(1)

The Court may, in any proceeding, by subpoena order the addressee—

(a)

to attend to give evidence as directed by the subpoena; or

(b)

to produce the subpoena or a copy of it and any document or thing as directed by the subpoena; or

(c)

to do both of those things.

(1A)

A subpoena may be issued under this Rule by a principal registrar, registrar or deputy registrar of the Court at any venue of the Court.

(2)

The registrar must not issue a subpoena—

(a)

if the Court has made an order, or there is a Rule of the Court, having the effect of requiring that the proposed subpoena—

(i)

not be issued; or

(ii)

not be issued without the leave of the Court and that leave has not been given; or

(b)

requiring the production of a document or thing in the custody of the Court or another court.

(3)

A subpoena is taken to be issued on its being signed by the registrar.

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