Domestic and Family Violence Protection Rules 2014
sec.46Return of subpoenaed documents or things
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sec.46 Return of subpoenaed documents or things
This rule applies to a document or thing if— the document or thing is not tendered or admitted into evidence at the hearing of a proceeding for which it was produced; and either— the matter was heard and the hearing of the proceeding for which it was produced has ended; or the matter was not heard and the period for which the matter was listed for hearing has ended. The clerk of the DFVP court must— return the document or thing to the person required to produce it; or if the document is a copy and the person stated to the clerk that the document may be destroyed—destroy the document. (sec.46-ssec.1) This rule applies to a document or thing if— the document or thing is not tendered or admitted into evidence at the hearing of a proceeding for which it was produced; and either— the matter was heard and the hearing of the proceeding for which it was produced has ended; or the matter was not heard and the period for which the matter was listed for hearing has ended. (sec.46-ssec.2) The clerk of the DFVP court must— return the document or thing to the person required to produce it; or if the document is a copy and the person stated to the clerk that the document may be destroyed—destroy the document.
- (a) the document or thing is not tendered or admitted into evidence at the hearing of a proceeding for which it was produced; and
- (b) either— (i) the matter was heard and the hearing of the proceeding for which it was produced has ended; or (ii) the matter was not heard and the period for which the matter was listed for hearing has ended.
- (i) the matter was heard and the hearing of the proceeding for which it was produced has ended; or
- (ii) the matter was not heard and the period for which the matter was listed for hearing has ended.
- (i) the matter was heard and the hearing of the proceeding for which it was produced has ended; or
- (ii) the matter was not heard and the period for which the matter was listed for hearing has ended.
- (a) return the document or thing to the person required to produce it; or
- (b) if the document is a copy and the person stated to the clerk that the document may be destroyed—destroy the document.