sec.45Inspecting subpoenaed documents

sec.45 Inspecting subpoenaed documents

This rule applies to a document that has been subpoenaed in a proceeding and given to the clerk of a DFVP court. A person, including a party to a proceeding, may not inspect or copy the document unless an inspect and copy order allows the person to do so. The person may apply to the DFVP court for an inspect and copy order for the document. The DFVP court may make an inspect and copy order for the document only if— the DFVP court has given all of the parties to the proceeding a reasonable opportunity to present evidence and to prepare and make submissions about the application, including objecting to the making of the order; and the DFVP court has considered submissions made by a party; and the DFVP court considers it is appropriate in the circumstances to make the order. The DFVP court may hear and refuse the application, or dismiss the application without deciding it, even if the other parties to the proceeding have not been given notice of the application. If the DFVP court makes an inspect and copy order for the document, the person named in the order may only— inspect the document in the registry; and if the DFVP Court orders that the person may copy the document—copy the document in the registry. In this rule— inspect and copy order , for a document, means an order made by a DFVP court that authorises a person named in the order to inspect, or inspect and copy, the document. (sec.45-ssec.1) This rule applies to a document that has been subpoenaed in a proceeding and given to the clerk of a DFVP court. (sec.45-ssec.2) A person, including a party to a proceeding, may not inspect or copy the document unless an inspect and copy order allows the person to do so. (sec.45-ssec.3) The person may apply to the DFVP court for an inspect and copy order for the document. (sec.45-ssec.4) The DFVP court may make an inspect and copy order for the document only if— the DFVP court has given all of the parties to the proceeding a reasonable opportunity to present evidence and to prepare and make submissions about the application, including objecting to the making of the order; and the DFVP court has considered submissions made by a party; and the DFVP court considers it is appropriate in the circumstances to make the order. (sec.45-ssec.5) The DFVP court may hear and refuse the application, or dismiss the application without deciding it, even if the other parties to the proceeding have not been given notice of the application. (sec.45-ssec.6) If the DFVP court makes an inspect and copy order for the document, the person named in the order may only— inspect the document in the registry; and if the DFVP Court orders that the person may copy the document—copy the document in the registry. (sec.45-ssec.7) In this rule— inspect and copy order , for a document, means an order made by a DFVP court that authorises a person named in the order to inspect, or inspect and copy, the document.