Australian Capital Territory Numbered Regulations

COURT PROCEDURES AMENDMENT RULES 2009 (NO 3) (NO 56 OF 2009) - REG 36

substitute

6610     Disposal of subpoenaed documents and things produced

    (1)     Unless the court otherwise orders, the registrar may return to the addressee any document or thing produced in the proceeding in response to the subpoena.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering under this rule.

    (2)     The registrar must not return any document or thing under subrule (1) unless the registrar has given the issuing party at least 14 days notice of the registrar's intention to do so and that period has ended.

    (3)     The issuing party must attach to the front of a subpoena to produce to be served on the addressee a notice and declaration.

Note     See approved form 6.10A (Subpoena—declaration by addressee).

    (4)     The addressee must complete the notice and declaration and attach it to the subpoena or copy of the subpoena that accompanies the documents produced to the court in response to the subpoena.

    (5)     Subject to subrule (6), the registrar may, at the end of 4 months after the end of the proceeding, destroy all the documents produced in response to the subpoena that were declared by the addressee to be copies.

    (6)     The registrar may destroy the documents declared by the addressee to be copies that have become exhibits in the proceeding when they are no longer required in relation to the proceeding, including on any appeal.