Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 24.12

Issuing of subpoena

             (1)  The Court may, in any proceeding, 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 issuing officer must not issue a subpoena:

                     (a)  if the Court 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)  be issued only with the leave of the Court 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.

Note for paragraph (a)    Division 24.1 deals with applications to the Court for leave to issue a subpoena.

             (3)  The issuing officer must 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 when it is sealed or otherwise authenticated in accordance with subrule (3).



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