Australian Capital Territory Numbered Regulations

COURT PROCEDURES AMENDMENT RULES 2007 (NO 1) (NO 16 OF 2007) - REG 28

substitute

6603     Subpoena—leave to serve late

    (1)     The court may give leave for a subpoena to be served later than 5 days before the date stated in the subpoena for compliance with it (the compliance date ).

    (2)     An application for leave is made by filing—

        (a)     a draft of the subpoena with a statement on its first page that leave is granted to serve the subpoena later than 5 days before the compliance date; and

        (b)     an affidavit in support of the application.

    (3)     The affidavit in support of the application must state—

        (a)     for a subpoena to attend to give evidence—

              (i)     the need for the addressee for the subpoena to give evidence in the proceeding; and

              (ii)     the reason the subpoena was not issued in enough time to enable it to be served at least 5 days before the compliance date; and

              (iii)     whether the addressee for the subpoena has been told about the hearing and, if so, whether the addressee is able to attend the hearing; and

              (iv)     the earliest date when the subpoena can be served; and

        (b)     for a subpoena to produce—

              (i)     the need for production of the document or thing required to be produced by the subpoena; and

              (ii)     the reason the subpoena was not issued in enough time to enable it to be served at least 5 days before the compliance date; and

              (iii)     whether the addressee for the subpoena has been told about the subpoena and, if so, whether the addressee is able to produce the document or thing before the compliance date; and

              (iv)     the earliest date when the subpoena can be served.

    (4)     If the court gives leave, it must set a date for the last date of service for the subpoena.

    (5)     Part 6.2 (Applications in proceedings) does not apply to an application under this rule.

    (6)     The draft subpoena and supporting affidavit need not be served on anyone unless the court otherwise orders on its own initiative.

    (7)     Unless the court otherwise orders on its own initiative, an application under this rule may be dealt with without a hearing and in the absence of the parties.

    (8)     This rule is subject to rule 6481 (Subpoena—service on medical expert).

Note 1     Rule 6481 (2) provides that a subpoena requiring a medical expert to give evidence in a proceeding must be served at least 6 weeks before the date set by the court for the hearing of the proceeding unless the subpoena is served in accordance with leave under the rule.

Note 2     The Service and Execution of Process Act 1992 (Cwlth), s 30 deals with applications for a shorter period to serve subpoenas under that Act.