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Supreme Court Rules 2000
499Compliance with subpoena
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### 499 Compliance with subpoena
> [*\[Rule 499 Substituted by S.R. 2004, No. 56, Applied:21 Jul 2004\]*](/view/html/inforce/2004-07-21/sr-2004-056#GS20@EN)
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> > (1) Despite [rule 498(1)](#GS498@Gs1@EN) , an addressee must comply with the requirements of a subpoena even if it has not been served personally on that addressee if the addressee has, prior to the time for compliance with the subpoena, actual knowledge of the subpoena and of its requirements.
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> > (2) The addressee must comply with a subpoena to produce –
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> > > > (a) [*\[Rule 499 Subrule (2) amended by S.R. 2005, No. 71, Applied:29 Jun 2005\]*](/view/html/inforce/2005-06-29/sr-2005-071#GS8@EN) [*\[Rule 499 Subrule (2) amended by S.R. 2009, No. 51, Applied:24 Jun 2009\]*](/view/html/inforce/2009-06-24/sr-2009-051#GS5@Hpa@EN) by attending at the date, time and place specified for production or, if the addressee has received notice of a later date or time from the issuing party, at that later date or time and producing the subpoena, or a copy of it, and the document or thing to the Court or to the person authorised to take evidence in the proceeding as permitted by the Court or a judge; or
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> > > > (b) [*\[Rule 499 Subrule (2) amended by S.R. 2009, No. 51, Applied:24 Jun 2009\]*](/view/html/inforce/2009-06-24/sr-2009-051#GS5@Hpb@EN) by delivering or sending the subpoena, or a copy of it, and the document or thing to the Registrar at the address specified for the purpose in the subpoena, so that they are received not less than 2 clear days before the date specified in the subpoena for attendance and production or, if the addressee has received notice of a later date or time from the issuing party, before that later date*.*
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> > (3) In the case of a subpoena that is both a subpoena to attend to give evidence and a subpoena to produce, production of the subpoena, or a copy of it, and of the document or thing in any of the ways permitted by [subrule (2)](#GS499@Gs2@EN) does not discharge the addressee from the obligation to attend to give evidence.
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> > (4) [*\[Rule 499 Subrule (4) inserted by S.R. 2010, No. 57, Applied:30 Jun 2010\]*](/view/html/inforce/2010-06-30/sr-2010-057#GS7@EN) Unless a subpoena specifically requires the production of the original, the addressee may produce a copy of any document required to be produced by the subpoena.
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> > (5) [*\[Rule 499 Subrule (5) inserted by S.R. 2010, No. 57, Applied:30 Jun 2010\]*](/view/html/inforce/2010-06-30/sr-2010-057#GS7@EN) The copy of a document may be –
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> > > > (a) a photocopy; or
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> > > > (b) in PDF format on a CD-Rom.