Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 34.66

Application for leave to serve subpoena in New Zealand

         (1)   A person who wants to make an application for leave to serve a subpoena in New Zealand must file an interlocutory application, in accordance with Form 97.

         (2)   The application must be accompanied by:

                (a)    a copy of the subpoena in relation to which leave is sought; and

               (b)    an affidavit stating, briefly but specifically, the following:

                          (i)    the name, occupation and address of the addressee;

                         (ii)    whether the addressee is over 18 years old;

                        (iii)    the nature and significance of the evidence to be given, or the document or thing to be produced, by the addressee;

                        (iv)    details of the steps taken to ascertain whether the evidence, document or thing could be obtained by other means without significantly greater expense, and with less inconvenience, to the addressee;

                         (v)    the date by which it is intended to serve the subpoena in New Zealand;

                        (vi)    details of the amounts to be tendered to the addressee to meet the addressee's reasonable expenses of complying with the subpoena;

                       (vii)    details of the way in which the amounts mentioned in subparagraph (vi) are to be given to the addressee; and

                      (viii)    if the subpoena requires a specified person to give evidence -- an estimate of the time that the addressee will be required to attend, to give evidence; and

                        (ix)    any facts or matters known to the person making the application that may be grounds for an application by the addressee to have the subpoena set aside, under section 36 (2) or (3) of the Trans-Tasman Proceedings Act.

Note    Before granting leave under the Trans-Tasman Proceedings Act to serve the subpoena, the Court may require the person making the application to undertake to meet the expenses reasonably incurred by the addressee in complying with the subpoena if those expenses exceed the allowances and travelling expenses to be provided to the addressee at the time of service of the subpoena.

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