Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) Subject to rule 22.34, the court may issue:
(a) a subpoena for production;
(b) a subpoena to give evidence; or
(c) a subpoena for production and to give evidence.
(1A) A subpoena mentioned in subrule (1) must be in the approved form.
(2) Subject to rule 15.21, the court will issue a subpoena mentioned in subrule (1) at the request of a party only if:
(a) the party has requested permission from the court; and
(b) the court has granted permission.
Note: A request for permission should generally be made at a court event.
(3) For subrule (2), a request for the court's permission:
(a) may be made orally or in writing;
(b) may be made without giving notice to any other parties; and
(c) may be determined in chambers in the absence of the other parties.
(3A) A party must not request the issue of a subpoena for production and to give evidence if production would be sufficient in the circumstances.
(4) A subpoena must identify the person to whom it is directed by name or description of office.
(5) A subpoena may be directed to 2 or more persons if:
(a) the subpoena is to give evidence only; or
(b) the subpoena requires each named person to produce the same document (rather than the same class of documents).
(6) A subpoena for production:
(a) must identify the document to be produced and the time and place for production; and
(b) may require the named person to produce the document before the date of the trial.
(7) A subpoena to give evidence must specify the time and place at which the person must attend court to give evidence.
(8) A subpoena for production and to give evidence must:
(a) identify the document to be produced; and
(b) specify the time and place at which the person must attend court to produce the document and give evidence.