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Court Procedures Rules
6612Failure to comply with subpoena—contempt of court
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6612 Failure to comply with subpoena—contempt of court
(1) Failure to comply with a subpoena without lawful excuse is a
contempt of court and the addressee may be dealt with accordingly.
(2) Despite rule 6605 (1), if a subpoena has not been served personally
on the addressee, the addressee may be dealt with for contempt of
court as if the addressee had been personally served if it is proved that
the addressee had, by the last date for service of the subpoena, actual
knowledge of the subpoena and of its requirements.
(3) This rule does not affect any power of the court to enforce compliance
with a subpoena, including power to issue a warrant for the arrest of
an addressee who does not comply with a subpoena.
Note 1 Failure to comply with a subpoena may also be a criminal offence (see
Criminal Code, s 719 (Failing to attend) and s 720 (Failing to produce
document or other thing)).
Note 2 See also r 2444 (Enforcement—failure of individual to comply with
subpoena etc) and r 2445 (Enforcement—failure of corporation to
comply with subpoena etc).