Victorian Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 42A.12

Return of document

    (1)     Subject to any order of the Court, the Prothonotary

        (a)     may in the Prothonotary's discretion return to the addressee any document produced to the Prothonotary in compliance with the subpoena;

        (b)     shall, upon returning the document, inform the addressee that the subpoena to produce remains in force until the trial or other determination of the proceeding; and

        (c)     may specify a date by which the document is to be produced again to the Prothonotary in compliance with the subpoena.

    (2)     Subject to paragraph (3), the Prothonotary shall not return any document under paragraph (1) until after the Prothonotary has given to the issuing party 14 days' notice in writing of the Prothonotary's intention to do so.

    (3)     In an urgent case and at the request of—

        (a)     the addressee; or

        (b)     in the case of any hospital or medical file or record concerning the plaintiff or the plaintiff's condition, the plaintiff

the Prothonotary may return a document under paragraph (1) without first giving notice under paragraph (2), but in such a case, after returning the document, the Prothonotary shall give notice to the issuing party that the document has been returned.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback