Criminal Procedure Rules 2005

In this rule —

by saving it to a CD‑ROM, DVD or USB device and —

providing the CD‑ROM, DVD or USB device to the court in person; or

sending the CD‑ROM, DVD or USB device to the court by post or courier;

by other electronic means approved by a registrar.

This rule applies in the case of a witness summons to produce a record or thing if —

the summons requires the witness to produce the record or thing to the court on a date before the trial date; or

under the CPA section 163 the witness wishes to produce the record or thing to the court on a date before the trial date.

The witness may produce the record or thing —

if the original record or thing is in electronic form — by producing it electronically; or

otherwise — by providing it to the court in person or sending it to the court by post or courier.

If the witness produces more than one record or thing to the court, the witness must give the court a list of whatever is produced.

If the witness claims that any record or thing to which the summons relates is privileged, the witness —

must apply for an order that the record or thing is privileged; and

must produce the record or thing to the court at the hearing of the application.

An application made under subrule (4)(a) must be made as soon as practicable after the witness is served with the witness summons and in any event on or before the attendance date in the witness summons.

If the summons requires the production of a record and does not require that the original record be produced, the witness may comply with subrule (2) or (4)(b) by producing a copy of the record (whether in electronic form or otherwise).

On receiving the record or thing produced, a court officer must —

issue a receipt to the witness for the record or thing; and

keep the record or thing in safe custody until any application for an order under the CPA section 163(3) is decided and, subject to any order made on such an application, until the trial date.