6603Subpoena—leave to serve late

6603 Subpoena—leave to serve late (1) The court may give leave for a subpoena to be served later than 5 days before the date stated in the subpoena for compliance with it (the compliance date). (a) a draft of the subpoena with a statement on its first page that leave is granted to serve the subpoena later than 5 days before the compliance date; and

Rule 6603 (a) for a subpoena to attend to give evidence— (i) the need for the addressee for the subpoena to give evidence in the proceeding; and (ii) the reason the subpoena was not issued in enough time to enable it to be served at least 5 days before the compliance the hearing and, if so, whether the addressee is able to attend the hearing; and (iv) the earliest date when the subpoena can be served; and (b) for a subpoena to produce— (i) the need for production of the document or thing required to be produced by the subpoena; and (ii) the reason the subpoena was not issued in enough time to enable it to be served at least 5 days before the compliance the subpoena and, if so, whether the addressee is able to produce the document or thing before the compliance date; and (iv) the earliest date when the subpoena can be served. (4) If the court gives leave, it must set a date for the last date of service for the subpoena. (5) Part 6.2 (Applications in proceedings) does not apply to an (6) The draft subpoena and supporting affidavit need not be served on anyone unless the court otherwise orders on its own initiative.

Rule 6603A (7) Unless the court otherwise orders on its own initiative, an application (8) This rule is subject to rule 6482 (Subpoena—service on special witness). Note 1 Rule 6482 (2) provides that a subpoena requiring a special witness to give evidence in a proceeding must be served at least 6 weeks before the date set by the court for the hearing of the proceeding unless the subpoena is served in accordance with leave under the rule. Note 2 The Service and Execution of Process Act 1992 (Cwlth), s 30 deals with applications for a shorter period to serve subpoenas under that Act.