Australian Capital Territory Numbered Regulations

COURT PROCEDURES AMENDMENT RULES 2011 (NO 1) (NO 6 OF 2011) - REG 6

substitute

6601A     Issuing subpoena to produce—originating claim

    (1)     This rule applies to a proceeding started by—

        (a)     originating claim; or

        (b)     originating application, if the court has ordered that the proceeding continue as if started by originating claim; or

        (c)     an application for arbitration under part 3.13 (Workers compensation).

    (2)     An issuing officer must not issue a subpoena to produce in the proceeding without the court's leave unless—

        (a)     the certificate of readiness has been filed in the proceeding; or

        (b)     the court has waived the requirement to file a certificate of readiness in the proceeding; or

        (c)     a date for trial has been set for the proceeding.

    (3)     Subrule (2) does not apply to a subpoena in a proceeding under part 3.13 that is addressed to a party to the proceeding.

6601B     Issuing subpoena to produce—originating application

    (1)     This rule applies to a proceeding—

        (a)     started by originating application; or

        (b)     started by originating claim, if the court has ordered that the proceeding continue as if started by originating application.

    (2)     An issuing officer may issue a subpoena to produce in the proceeding at any time unless the court otherwise orders.