Queensland Consolidated Regulations

CRIMINAL PRACTICE RULES 1999 - REG 58E

58E Application for leave to serve subpoena in New Zealand

(1) A party to a proceeding who requires the leave of the court to serve a subpoena in New Zealand under the Trans-Tasman Proceedings Act , section 31 must make an application for leave in the proceeding in which the subpoena was issued.

(2) The application must be accompanied by—

(a) a copy of the subpoena in relation to which leave is sought; and

(b) an affidavit stating, briefly but specifically, the following—

(i) the name, occupation and address of the person named in the subpoena;

(ii) whether the person is over 18 years;

(iii) the nature and significance of the evidence to be given, or the document or thing to be produced, by the person;

(iv) details of the steps taken to ascertain whether the evidence, document or thing could be obtained by other means without significantly greater expense, and with less inconvenience, to the person;

(v) the date by which it is intended to serve the subpoena in New Zealand;

(vi) details of the amounts to be tendered to the person to meet the person’s reasonable expenses of complying with the subpoena;

(vii) details of the way in which the amounts mentioned in subparagraph (vi) are to be given to the person;

(viii) if the subpoena requires the person to give evidence—an estimate of the time that the person will be required to attend to give evidence;

(ix) any facts or matters known to the party making the application that may be grounds for an application by the person to have the subpoena set aside under the Trans-Tasman Proceedings Act , section 36 (2) or (3) .

Notes—

1 See the Trans-Tasman Proceedings Act , section 31 which allows the court to impose conditions when giving leave to serve a subpoena in New Zealand.

2 See also the Trans-Tasman Proceedings Act , sections 33 and 37 which make provision in relation to the payment of expenses in complying with a subpoena.

(3) Despite rules 57 and 98 , a person must not, without the leave of the court, search for, inspect or copy a document in an application under this rule filed in the court.