New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 7.3

7.3 Issue of subpoena in certain circumstances requires leave

(cf SCR Part 66, rule 1A)

(1) A subpoena may not be issued, except by leave of the court, unless the party at whose request the subpoena is to be issued is represented by a solicitor in the proceedings.

(2) Leave under subrule (1) may be given either generally or in relation to a particular subpoena or subpoenas.

(3) Despite subrule (1), a subpoena may not be issued in relation to proceedings in the Small Claims Division of the Local Court, except by leave of the court, in any circumstances.