Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 24.21

Return of documents and things produced

             (1)  The Registrar may return to the addressee any document or thing produced in response to the subpoena.

             (2)  The Registrar may return any document or thing under subrule (1) only if the Registrar has given to the issuing party at least 14 days' notice of the intention to do so and that period has expired.

             (3)  The issuing party must attach, to the front of a subpoena to produce to be served on the addressee, a notice and declaration, in accordance with Form 44.

             (4)  The addressee must complete the notice and declaration and attach it to the subpoena or copy of the subpoena that accompanies the documents produced to the Court under the subpoena.

             (5)  Subject to subrule (6), the Registrar may, on the expiry of 4 months from the conclusion of the proceeding, cause to be destroyed all the documents produced in the proceeding in compliance with a subpoena, that were declared by the addressee to be copies.

             (6)  The Registrar may cause to be destroyed those documents, declared by the addressee to be copies, that have become exhibits in the proceeding when they are no longer required in connection with the proceeding, including on any appeal.



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