Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 34.68

Application to set aside subpoena

             (1)  A person who wants to make an application to set aside a subpoena served in New Zealand must file an interlocutory application in the proceeding in which the subpoena was issued.

             (2)  The application must be filed in the District Registry in which the order of the Court granting leave to serve the subpoena in New Zealand was made.

             (3)  The application must be accompanied by:

                     (a)  a copy of the subpoena; and

                     (b)  an affidavit stating:

                              (i)  the material facts on which the application is based; and

                             (ii)  whether the person making the application requests that any hearing be held by audio link or audiovisual link.



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