Childrens Court Rules 2016
sec.95Requirements for subpoena
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sec.95 Requirements for subpoena
A subpoena may be directed only to 1 person. The name or designation by office or position of the person to whom the subpoena is directed must appear on the subpoena before it is issued. the medical superintendent of XYZ hospital A subpoena must— include a notice advising the person who must comply with the subpoena that the person has the right to apply to the court to have the subpoena set aside under rule 97 ; and state when and where the person must produce a document or thing or give evidence; and state that the court may order the party on whose behalf the subpoena is issued to pay a non-participant the costs under rule 100 (3) . Also, a subpoena requiring a person to produce a document or thing must— for a document to which the Child Protection Act , section 190 applies—describe the document as required under subsections (2) and (3) of that section; or otherwise—include an adequate description of the document or thing. For subrule (3) (b) , if a non-participant in a proceeding must produce a document or a thing, the subpoena must state that the non-participant must produce the stated document or thing at— the registry of the court from which the subpoena was issued; or another place ordered by the court. (sec.95-ssec.1) A subpoena may be directed only to 1 person. (sec.95-ssec.2) The name or designation by office or position of the person to whom the subpoena is directed must appear on the subpoena before it is issued. the medical superintendent of XYZ hospital (sec.95-ssec.3) A subpoena must— include a notice advising the person who must comply with the subpoena that the person has the right to apply to the court to have the subpoena set aside under rule 97 ; and state when and where the person must produce a document or thing or give evidence; and state that the court may order the party on whose behalf the subpoena is issued to pay a non-participant the costs under rule 100 (3) . (sec.95-ssec.4) Also, a subpoena requiring a person to produce a document or thing must— for a document to which the Child Protection Act , section 190 applies—describe the document as required under subsections (2) and (3) of that section; or otherwise—include an adequate description of the document or thing. (sec.95-ssec.5) For subrule (3) (b) , if a non-participant in a proceeding must produce a document or a thing, the subpoena must state that the non-participant must produce the stated document or thing at— the registry of the court from which the subpoena was issued; or another place ordered by the court.
- (a) include a notice advising the person who must comply with the subpoena that the person has the right to apply to the court to have the subpoena set aside under rule 97 ; and
- (b) state when and where the person must produce a document or thing or give evidence; and
- (c) state that the court may order the party on whose behalf the subpoena is issued to pay a non-participant the costs under rule 100 (3) .