Domestic and Family Violence Protection Rules 2014
sec.42Way person complies with subpoena for production
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sec.42 Way person complies with subpoena for production
This rule applies to a subpoena requiring a person to produce a document or thing. A person may comply with the subpoena by giving the document or thing to the clerk of the DFVP court in a sealed envelope clearly marked ‘court exhibits’, or something similar, at least 1 clear day before the time stated for production in the subpoena. The person must attach a copy of the subpoena to the front of the document, thing or envelope. If a document given to the clerk of the DFVP court is a copy of another document, the person must state if the document is to be— returned to the person; or destroyed. If a document or thing is produced at the registry, the clerk of the DFVP court must— issue a receipt to the person producing the document or thing; and produce the document or thing as the DFVP court directs. The subpoena may be satisfied by an agent of the person named in the subpoena producing the document or thing to the DFVP court. A DFVP court may order that a person comply with the subpoena in a way other than under this rule. (sec.42-ssec.1) This rule applies to a subpoena requiring a person to produce a document or thing. (sec.42-ssec.2) A person may comply with the subpoena by giving the document or thing to the clerk of the DFVP court in a sealed envelope clearly marked ‘court exhibits’, or something similar, at least 1 clear day before the time stated for production in the subpoena. (sec.42-ssec.3) The person must attach a copy of the subpoena to the front of the document, thing or envelope. (sec.42-ssec.4) If a document given to the clerk of the DFVP court is a copy of another document, the person must state if the document is to be— returned to the person; or destroyed. (sec.42-ssec.5) If a document or thing is produced at the registry, the clerk of the DFVP court must— issue a receipt to the person producing the document or thing; and produce the document or thing as the DFVP court directs. (sec.42-ssec.6) The subpoena may be satisfied by an agent of the person named in the subpoena producing the document or thing to the DFVP court. (sec.42-ssec.7) A DFVP court may order that a person comply with the subpoena in a way other than under this rule.
- (a) returned to the person; or
- (b) destroyed.
- (a) issue a receipt to the person producing the document or thing; and
- (b) produce the document or thing as the DFVP court directs.