495Issuing of subpoena

### 495 Issuing of subpoena > [*\[Rule 495 Substituted by S.R. 2004, No. 56, Applied:21 Jul 2004\]*](/view/html/inforce/2004-07-21/sr-2004-056#GS20@EN) > > > (1)  [*\[Rule 495 Subrule (1) amended by S.R. 2005, No. 71, Applied:29 Jun 2005\]*](/view/html/inforce/2005-06-29/sr-2005-071#GS5@Hpa@EN) The Court or a judge may, in any proceedings, by subpoena order the addressee – > > > > > > (a) to attend to give evidence as directed by the subpoena; or > > > > > > > (b) to produce the subpoena, or a copy of it, and any document or thing as directed by the subpoena; or > > > > > > > (c) to do both of those things. > > > (2)  An officer must not issue a subpoena – > > > > > > (a) [*\[Rule 495 Subrule (2) amended by S.R. 2005, No. 71, Applied:29 Jun 2005\]*](/view/html/inforce/2005-06-29/sr-2005-071#GS5@Hpb@EN) if the Court or a judge has made an order, or there is a rule of the Court, having the effect of requiring that the proposed subpoena – > > > > > > > > > > (i) not be issued; or > > > > > > > > > > > (ii) [*\[Rule 495 Subrule (2) amended by S.R. 2005, No. 71, Applied:29 Jun 2005\]*](/view/html/inforce/2005-06-29/sr-2005-071#GS5@Hpc@EN) not be issued without the leave of the Court or a judge and that leave has not been given; or > > > > > > > (b) requiring the production of a document or thing in the custody of the Court or another court. > > > (3)  If the subpoena is in order for filing, the officer receiving it is to file it, insert the date of filing it and seal with the seal of the Court, or otherwise authenticate, a sufficient number of copies of the subpoena for service and proof of service. > > > (4)  A subpoena is taken to have been issued on its being sealed or otherwise authenticated in any registry in accordance with [subrule (3)](#GS495@Gs3@EN) . > > > (5)  [*\[Rule 495 Subrule (5) inserted by S.R. 2005, No. 71, Applied:29 Jun 2005\]*](/view/html/inforce/2005-06-29/sr-2005-071#GS5@Hpd@EN) If the Registrar considers that a request for the issue of a subpoena may be an abuse of process or be frivolous or vexatious, the Registrar may refer the request to a judge for directions. > > > (6)  [*\[Rule 495 Subrule (6) inserted by S.R. 2005, No. 71, Applied:29 Jun 2005\]*](/view/html/inforce/2005-06-29/sr-2005-071#GS5@Hpd@EN) The judge to whom the request for directions is referred may, having regard to such matters as the judge thinks fit – > > > > > > (a) direct that the subpoena may be issued; or > > > > > > > (b) direct that the subpoena is not to be issued.