Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationssubstitute
Division 6.8.8 Service of subpoenas and notices instead of subpoenas—general
6480 Definitions—div 6.8.8
In this division:
"ACT Ambulance Service" means the ACT Ambulance Service established under the Emergencies Act 2004 , section 40.
"medical expert" means a health professional registered under the Health Professionals Act 2004 .
"special witness" means—
(a) a medical expert; or
(b) a member of the ACT Ambulance Service.
6481 Subpoena—service on solicitor
If the addressee for a subpoena in a proceeding is a party and is represented by a solicitor in the proceeding, the subpoena may, with the solicitor's agreement, be served on the addressee by leaving it at the addressee's address for service.
6482 Subpoena—service on special witness
(1) A subpoena is taken to be served personally on a special witness if, at a place where the witness's practice or work is carried on—
(a) it is given to a person apparently engaged (whether as employee or otherwise) in relation to the practice, or at the place of work, and apparently at least 16 years old; or
(b) if a person mentioned in paragraph (a) does not accept the subpoena—the subpoena is put down in the person's presence and the person is told in general terms what it is.
(2) A subpoena requiring a special witness 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 (the hearing date ) unless the subpoena is served in accordance with leave given under subrule (3) or (8).
(3) The court may give leave for a subpoena to be served on a special witness requiring the witness to attend to give evidence later than 6 weeks before the hearing date.
(4) An application for leave under subrule (3) is made by filing—
(a) the subpoena with a statement on its first page that leave is granted to serve the subpoena later than 6 weeks before the hearing date; and
(b) an affidavit in support of the application.
(5) The affidavit in support of the application must state—
(a) the need for the special witness to give evidence in the proceeding; and
(b) the reason the subpoena was not issued in enough time to enable it to be served at least 6 weeks before the hearing date; and
(c) whether the witness has been told about the hearing and, if so, whether the witness is able to attend the hearing; and
(d) the earliest date when the subpoena can be served.
(6) Part 6.2 (Applications in proceedings) does not apply to an application for leave under subrule (3).
(7) If the court gives leave under subrule (3), it must set a date for the last date of service for the subpoena.
(8) If a special witness to whom a notice has been given in accordance with rule 6483 fails to attend the court on the date and at the time stated in the notice, the court may give leave for the service of a subpoena on the witness requiring the attendance of the witness.
Note Pt 6.2 (Applications in proceedings) applies to an application for leave under r (8).
6483 Special witness—notice instead of subpoena
(1) In a proceeding, a notice stating the date and time set for the hearing for the proceeding and requesting a special witness's attendance may be given to the witness instead of a subpoena.
(2) The notice may be given in the same way as a subpoena may be served on a special witness.
(3) However, the notice must not be given later than 6 weeks before the date set for the hearing.
6484 Special witness—no shortening of time for service
The parties to a proceeding cannot, by agreement, shorten the time for service of a subpoena on, or the giving of a notice under rule 6483 to, a special witness.