ACTIn ForceAct
Coroners Act 1997
44Service of subpoena on witness
Start here
Get a plain-English read of 44
Turn the raw legal text into a practical explanation grounded in Coroners Act 1997.
44 Service of subpoena on witness
(1) A subpoena may be served on a witness—
(a) personally; or
(b) by sending it to the witness’s last-known place of residence or
employment by a form of post that requires a signature on
receipt; or
(c) by leaving it with a responsible adult at the witness’s last-known
place of residence or employment.
(2) The subpoena must be accompanied by—
(a) an undertaking to appear for signature by the person and return
to a coroner by the date specified in the subpoena; and
(b) a form to be completed by the person to claim the person’s
reasonable costs and expenses of attendance at the inquest or
(3) A person is not entitled to refuse to comply with a subpoena because
of a failure at the time the subpoena was served to give the person the
form.
(4) Service of a subpoena on a witness may be proved by the oath of the
person who served it or by affidavit.