Criminal Practice Rules 1999
sec.34Applying for costs
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sec.34 Applying for costs
This rule applies if a subpoena is set aside or narrowed under rule 33 . The person who was served with the subpoena (the applicant ) may apply to the court for an order that all or part of the applicant’s costs incurred in applying to have the subpoena set aside or narrowed be paid by— the party who served the subpoena; or if the court finds the conduct of the party’s lawyer in serving the subpoena was oppressive, vexatious or an abuse of process, the party’s lawyer. (sec.34-ssec.1) This rule applies if a subpoena is set aside or narrowed under rule 33 . (sec.34-ssec.2) The person who was served with the subpoena (the applicant ) may apply to the court for an order that all or part of the applicant’s costs incurred in applying to have the subpoena set aside or narrowed be paid by— the party who served the subpoena; or if the court finds the conduct of the party’s lawyer in serving the subpoena was oppressive, vexatious or an abuse of process, the party’s lawyer.
- (a) the party who served the subpoena; or
- (b) if the court finds the conduct of the party’s lawyer in serving the subpoena was oppressive, vexatious or an abuse of process, the party’s lawyer.