Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 15.22

Service

             (1)  The issuing party for a subpoena must serve the named person, in accordance with subrule (1A), with:

                     (a)  the subpoena; and

                     (b)  the brochure, approved by the Chief Executive Officer, containing information about subpoenas.

          (1A)  A document required to be served under subrule (1) must be served:

                     (a)  in relation to a subpoena for production--either:

                              (i)  by ordinary service; or

                             (ii)  by a manner of service agreed between the issuing party and the named person; and

                     (b)  in relation to a subpoena to give evidence, or a subpoena for production and to give evidence--by hand.

             (2)  The issuing party for a subpoena must serve a copy of the subpoena, in accordance with subrule (2A), on:

                     (a)  each other party; and

                     (b)  each interested person in relation to the subpoena; and

                     (c)  the independent children's lawyer (if any).

          (2A)  A document required to be served under subrule (2) must be served:

                     (a)  by ordinary service; or

                     (b)  by a manner of service agreed between the issuing party and the person to be served.

             (3)  Unless the court directs otherwise, a document required to be served under subrule (1) or (2) must be served:

                     (a)  in relation to a subpoena for production--at least 10 days before the day on which production in accordance with the subpoena is required; and

                     (b)  in relation to a subpoena to give evidence--at least 7 days before the day on which attendance in accordance with the subpoena is required; and

                     (c)  in relation to a subpoena for production and to give evidence--at least 10 days before the day on which production and attendance in accordance with the subpoena is required.

             (4)  A subpoena must not be served on a child without the court's permission.

Note:          Chapter 7 also contains other requirements relating to service.



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