Australian Capital Territory Numbered Regulations

SUPREME COURT AMENDMENT RULES 2004 (NO 1) (NO 7 OF 2004) - REG 43

substitute

10     Issue—form of subpoena

    (1)     A party may ask the registrar for the issue of a subpoena to give evidence, a subpoena for production, or a subpoena for production and to give evidence, by lodging a copy of the subpoena for issuing and for filing.

    (2)     A subpoena to give evidence must be in accordance with form 4.1.

    (3)     A subpoena for production must be in accordance with form 4.2 or form 4.3

    (4)     A subpoena for production and to give evidence must be in accordance with form 4.4.

    (5)     The registrar must issue the subpoena unless the court otherwise orders or the subpoena must not be issued under rules 10A, 11 or 14.

    (6)     The subpoena must be issued under seal.

10A     Rejection of certain requests for subpoena

If a party asks for the issue of a subpoena under rule 10 (1), the subpoena must not be issued without the court's leave if it appears to the registrar that the subpoena—

        (a)     is not substantially complete; or

        (b)     does not substantially comply in form with these rules.

Note     The registrar may also refuse to accept a subpoena for filing under o 80 r 14 (Refusal to accept documents—abuse of process etc).