New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 32.7

32.7 Application for issue of certificate of non-compliance with subpoena

(cf Federal Court Rules 2011 , rule 34.69)

(1) A party may apply to the court that issued a subpoena to be served in New Zealand for the issue of a certificate of non-compliance with the subpoena.

(2) The application may be made--

(a) if the proceeding in which the subpoena was issued is before the court--orally to the court, or

(b) by filing a notice of motion in the proceeding in which the subpoena was issued.

(3) An application must be accompanied by--

(a) a copy of the subpoena, and

(b) a copy of the order giving rise to the subpoena, and

(c) an affidavit of service of the subpoena, and

(d) a further affidavit stating the following--

(i) whether any application was made to set aside the subpoena,

(ii) the material in support of any application in subparagraph (i),

(iii) any order that disposed of the application in subparagraph (i),

(iv) the material facts relied on for the issue of a certificate of non-compliance.