Queensland Consolidated Regulations

CRIMINAL PRACTICE RULES 1999 - REG 58G

58G Application for issue of certificate of noncompliance with subpoena

(1) A party to a proceeding may apply to the court that issued a subpoena for a certificate mentioned in the Trans-Tasman Proceedings Act , section 38 (a
"certificate of noncompliance" ).

(2) The application may be made—

(a) if the proceeding in which the subpoena is issued is before the court—orally to the court; or

(b) by filing the application.

(3) The application must be accompanied by—

(a) a copy of the subpoena; and

(b) a copy of the order giving leave to serve the subpoena; and

(c) an affidavit of service of the subpoena; and

(d) a further affidavit stating the following—

(i) whether any application was made to set aside the subpoena;

(ii) the material in support of an application mentioned in subparagraph (i) ;

(iii) any order that disposed of an application mentioned in subparagraph (i) ;

(iv) the material facts relied on for the issue of the certificate of noncompliance.

Note—

A certificate of noncompliance is to be stamped by the registrar with the seal of the court.