Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 41.05

Failure to attend Court in response to subpoena or order

             (1)  If the Court has issued a subpoena or made an order that a person attend Court:

                     (a)  to give evidence; or

                     (b)  to produce any document or thing; or

                     (c)  to answer a charge of contempt; or

                     (d)  for any other reason;

and the person fails to attend, a party may apply to the Court for an order that a warrant, in accordance with Form 90, issue to the Sheriff, or another person named in the warrant:

                     (e)  for the person's arrest and detention in custody until the person is brought before the Court; and

                      (f)  for the production of the person before the Court.

             (2)  Subrule (1) does not limit the power of the court to punish for contempt.

             (3)  This rule does not apply to an order or direction of the Court requiring a party to comply with these Rules.



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