New South Wales Consolidated Regulations

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Form of subpoena

33.3 Form of subpoena

(cf SCR Part 37, rule 3)

(1) A subpoena must be in the approved form.
(2) A subpoena must not be addressed to more than one person.
(3) Unless the court orders otherwise, a subpoena must identify the addressee by name or by description of office or position.
(4) A subpoena to produce must--
(a) identify the document or thing to be produced, and
(b) specify the date, time and place for production.
(5) A subpoena to attend to give evidence must specify the date, time and place for attendance.
(6) The date specified in a subpoena must be the date of trial or any other date as permitted by the court.
(7) The place specified for production may be the court or the address of any person authorised to take evidence in the proceeding as permitted by the court.
(8) The last date for service of a subpoena--
(a) is the date falling 5 days before the earliest date on which an addressee is required to comply with the subpoena or an earlier or later date fixed by the court, and
(b) must be specified in the subpoena.
(9) If the addressee is a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.

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