Form of subpoena
42.03 Form of subpoena
A subpoena must be in accordance with—
Form 42A, for a subpoena to attend to give evidence; or
Form 42B, for a subpoena to produce; or
Form 42C, for a subpoena both to attend to give evidence and to produce.
A subpoena—
requiring a person to attend for the purpose of giving evidence may be addressed to any number of persons;
requiring the production of a document or thing must be addressed to one person only, except in the case of partners, where all the members of the firm may be addressed in the subpoena.
Unless the Court otherwise orders, a subpoena must identify the addressee by name or by description of office or position.
A subpoena to produce must—
identify the document or thing to be produced; and
specify the date, time and place for production.
A subpoena to attend to give evidence must specify the date, time and place for attendance.
The date specified in a subpoena must be the date of hearing or any other date as ordered by the Court.
The place specified for production may be the Court or the address of any person authorised to take evidence in the proceeding as ordered by the Court.
The last date for service of a subpoena—
is a reasonable time before the earliest date on which an addressee is required to comply with the subpoena or an earlier or later date fixed by the Court; and
must be specified in the subpoena.
If the addressee is a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.
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