Return or disposal of document
42A.12 Return or disposal of document
Subject to any order of the Court, the registrar—
may in the registrar's discretion return to the addressee any document produced to the registrar in compliance with the subpoena;
must, upon returning the document, inform the addressee that the subpoena to produce remains in force until the hearing or other determination of the proceeding; and
may specify a date by which the document is to be produced again to the registrar in compliance with the subpoena.
Subject to paragraph (3), the registrar must not return any document under paragraph (1) until after the registrar has given to the issuing party 14 days notice in writing of the registrar's intention to do so.
In an urgent case and at the request of—
the addressee; or
in the case of any hospital or medical file or record concerning the plaintiff or the plaintiff's condition, the plaintiff—
the registrar may return a document under paragraph (1) without first giving notice under paragraph (2), but in such a case, after returning the document, the registrar must give notice to the issuing party that the document has been returned.
The addressee of a subpoena must complete the declaration by the addressee provided for in the subpoena.
The completed declaration must be included in the subpoena or copy of the subpoena which accompanies the documents produced under the subpoena.
Subject to paragraph (7), the registrar may, upon the expiry of 4 months from the conclusion of the proceeding, cause to be destroyed all the documents produced in the proceeding in compliance with a subpoena which were declared by the addressee to be copies.
The registrar may cause to be destroyed those documents declared by the addressee to be copies which have become exhibits in the proceeding when they are no longer required in connection with the proceeding, including on any appeal.
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