Family Court Rules 2021

The issuing party for a subpoena must serve the named person, in accordance with subrule (2), with —

the subpoena; and

a brochure, approved by the executive manager of the Court appointed under section 25(1)(c) of the Act, containing information about subpoenas.

A document required to be served under subrule (1) must be served —

in relation to a subpoena for production, either —

by ordinary service; or

by a manner of service agreed between the issuing party and the named person;

in relation to a subpoena to give evidence, or a subpoena for production and to give evidence, by hand.

The issuing party for a subpoena must serve a copy of the subpoena, in accordance with subrule (4), on —

each other party; and

each interested person in relation to the subpoena; and

the independent children’s lawyer (if any).

A document required to be served under subrule (3) must be served —

by ordinary service; or

by a manner of service agreed between the issuing party and the person to be served.

Unless the court directs otherwise, a document required to be served under subrule (1) or (3) must be served —

in relation to a subpoena for production, at least 10 days before the day on which production in accordance with the subpoena is required; and

in relation to a subpoena to give evidence, at least 7 days before the day on which attendance in accordance with the subpoena is required; and

in relation to a subpoena for production and to give evidence, at least 10 days before the day on which production and attendance in accordance with the subpoena is required.

A subpoena must not be served on a child without the court’s permission.