ACTIn ForceRegulation
Court Procedures Rules
6601Issuing subpoena
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6601 Issuing subpoena
(1) In any proceeding, the court may by subpoena order the addressee to
do either or both of the following:
(a) to attend to give evidence as directed by the subpoena;
(b) to produce the subpoena or a copy of it and any document or
thing as directed by the subpoena.
(2) An issuing officer must not issue a subpoena—
(a) without the court’s leave if it appears to the issuing officer that
the subpoena—
(i) is not substantially complete; or
(ii) does not substantially comply in form with these rules; or
Note The registrar may refuse to accept a subpoena for filing under r 6142
Rule 6601A
(b) if the court has made an order, or there is a provision of these
rules, having the effect of requiring that the proposed
subpoena—
(i) not be issued; or
(ii) not be issued without the court’s leave and the leave has
not been given; or
(c) requiring the production of a document or thing in the custody
of the court or another court; or
(d) for an appellate proceeding—without the leave of the court.
for this subrule.
(3) The issuing officer must seal, or otherwise authenticate, a sufficient
number of copies of the subpoena for service and proof of service.
(4) A subpoena is taken to be issued on its being sealed or otherwise
authenticated under subrule (3).