Subpoena rules nsw 2 The Court has adopted the following system for the early return of subpoenas and access to documents to give effect to the powers in rule 33. 00am during the Court term. 6 Compliance with subpoena (cf SCR Part 37, rule 6) (1) An addressee need not comply with the requirements of a subpoena to attend to give evidence unless conduct money has been handed or tendered to the addressee a reasonable time before the date on which attendance is required. (2) A subpoena must not be addressed to more than one person. 1 The Court aims to allocate a return date within 6 weeks of the issue of a subpoena for production. 5 KB) Form 74AC - Subpoena to give evidence (DOC, 58. (2) Service of a subpoena may be effected: (a) by handing it to the person, or These rules may be cited as theDistrict Court Rules 1973. It is important that, before issuing either of these, you have checked first with the person or organisation to see if they will 8. 10. 7. Ten (10) or more clear working days and files readily accessible: $30. 02 8835 6822 Note: Telephone contact should be made with InfoLink to ensure facsimile These rules may be cited as theDistrict Court Rules 1973. Commencement 3. Application of Part 6. 11 . 2 Environment Court, with the following exceptions in Classes 5, 6 and 7 of the Court’s jurisdiction: email to lecourt@agd. System for Early Return of Subpoenas 2. Depending on the state and court, there may be specific rules about issuing subpoenas, which should be taken These rules may be cited as theDistrict Court Rules 1973. The criminal subpoena forms prescribed under Supreme Court Rules 1970, Schedule F are: Form 74AA - Subpoena to a natural person (DOC, 60. Form of subpoena 33. Electronic subpoena documents can also be emailed to the Registry at sc. Subpoena@police. Service NSW no longer accepts cheques and money orders by way of payment. 3 (Repealed) 4 Interpretation (1) In these rules, unless the context or subject matter otherwise indicates or requires: the Actmeans theDistrict Court Act 1973. In NSW, a subpoena must be personally served on the person it is addressed to, and it can be withdrawn in certain circumstances. 00. gov. (2) An addressee need not comply with the requirements of a subpoena unless it is Time of service for a document sent by DX or transmitted by facsimile PART 6 - SUBPOENAS 6. Issuing of subpoena 33. TheLocal Courts (Civil Procedure) Rules 2005and theLocal Courts (Criminal and Applications Procedure) Rule 2003are repealed. For payment of conduct monies, please provide a contact email to receive payment details. 9. au provided that a scanned copy of the subpoena is also attached to the email. au If a subpoena is served by email, a hard copy is not required to be served personally or by post. (2A) A police officer may issue a subpoena under subsection (2) on behalf of a public officer . This requires a Notice of Motion, and the request 2. 2 Commencement These rules shall commence on the commencement of the Act. Electronic subpoena documents can be provided on a DVD, a CD or a USB device. The subpoena is to be filed and served in accordance with the rules. au or, in the absence of consent, in the return of subpoena list. Applications for leave to issue a subpoena may be made to the duty registrar and should be supported by an affidavit setting out the relevance The criminal subpoena forms prescribed under Supreme Court Rules 1970, Schedule F are: Form 74AA - Subpoena to a natural person (DOC, 60. During this time you can contact LawAccess NSW via web chat or by calling 1300 888 529. Service is also accepted by delivering or posting a copy of the subpoena, summons or statutory order at either 3. Receiving a subpoena does not automatically mean that you are in trouble, but it’s important to take it seriously and seek legal advice. 33. Filing of subpoenas by issuing parties 6. 1; Note that all criminal and civil Subpoenas must be issued to the Commissioner of Police, NSW Police Force and clearly describe the records that are to be provided to Court. Interpretation 5, 5A. Local Court Rules 2009 [NSW] Current version for 31 October 2022 to date (accessed 27 December 2024 at 7:08) Page 8 of 39 Supreme Court Rules (Amendment No 389) 2004 under the Supreme Court Act 1970 Published in Gazette No 63 of 26 March 2004, page 1532 Page 1 The Supreme Court Rule Committee made the following rules of court under the note The object of these Rules is to apply, with respect to proceedings before the Supreme Court, the harmonised subpoena rules that have been Court, the harmonised subpoena rules that have been developed under the auspices of the Council of Chief Justices. 15 Coversheet generated by Online Registry. 14 Request to issue subpoena. (4) A subpoena to produce must-- (a) identify the document or thing to be produced, and These rules may be cited as theDistrict Court Rules 1973. Service of subpoenas 21. Font size - M Font size - M Font size - L find out about new evidence a few days TheLocal Courts (Civil Procedure) Rules 2005and theLocal Courts (Criminal and Applications Procedure) Rule 2003are repealed. (3) Unless the court orders otherwise, a subpoena must identify the addressee by name or by description of office or position. • Issued under Rule 33. 13 of the . (Cth) Division 2 - Subpoenas 18. 7. (3) Unless the court orders otherwise, a subpoena must identify the This Guide explains how to issue subpoenas and notices to produce. [2-5120] Special rules providing that particulars of certain matters be provided [2-5130] A point of law may be raised [2-5140] [2-5430] Issue of subpoena [2-5500] Representative proceedings in the Supreme Court [2-5530] The Judicial Commission of NSW, an independent statutory corporation, is part of the judicial arm of government. 64 3. Local Court Rules 2009 [NSW] Current version for 31 October 2022 to date (accessed 28 December 2024 at 13:37) Page 8 of 39 DISTRICT COURT RULES 1973 - REG 20 Service of subpoenas 20 Service of subpoenas (1) A subpoena must be served on the person named in accordance with this rule. enquiries@justice. 2. 3. nsw. . These rules may be cited as theDistrict Court Rules 1973. Issuing of subpoena 6. Conduct money 6. Division 4 Uniform Civil Procedure Rules 2005 [NSW] Historical version for 1 July 2023 to 30 June 2024 (accessed 31 December 2024 at 6:49) Page 7 of 532. Production of subpoenaed material 7. Issue of subpoenas 19. Definitions 33. 19 Request to issue subpoena (1)This rule applies to a request on behalf of a party to issue a subpoena submitted to Local Court Rules 2009 [NSW] Current version for 31 There are three different forms to choose from: Subpoena for Production and to Give Evidence (for making sure the witness comes to the hearing and produces documents or other evidence A step by step guide to subpoenas, including information about what to do if you need to prepare, file and serve subpoenas. Telephone. Production by non-party 6. A subpoena for production only must be served by ordinary service, unless otherwise TheLocal Courts (Civil Procedure) Rules 2005and theLocal Courts (Criminal and Applications Procedure) Rule 2003are repealed. Addressee a corporation 3 If the subpoena is addressed to a corporation, the corporation must comply with the NSW UCPR Form 25 - Subpoena to attend to give evidence Author: The Court has a subpoena list Monday to Friday at 9. Specific attention is drawn to UCPR rule 33. 9 of the Uniform Civil Procedure Rules 2005 Uniform Civil Procedure Rules 2005 - Reg 33. Step 3 The person to whom the subpoena is addressed may object to the subpoena, and can apply to have the subpoena set aside on the ground that it was improperly issued and an abuse of process. 30(1) of the Family Law Rules. The criminal subpoena forms prescribed under Supreme Court Rules 1970, Schedule F are: Form 74AA - Subpoena to a natural person (DOC, 60. au. 5 KB) The provisions of Part 33 and Part 34 of the Uniform Civil Procedure Rules 2005 apply to subpoenas and notices to produce issued in the Land and . 3 Form of subpoena (cf SCR Part 37, rule 3) (1) A subpoena must be in the approved form. 1 Name of Rules These Rules are the Supreme Court Rules (Amendment No 389) 2004. Local Court Rules 2009 [NSW] Current version for 31 October 2022 to date (accessed 27 December 2024 at 7:09) Page 8 of 39 Blacktown NSW 2148 ORDER TO THE SUBPOENA RECIPIENT Name The Proper Officer Australia and New Zealand Banking Group Ltd Address 20 Martin Place Sydney NSW 2000 the rules, you must, nevertheless, comply with its requirements, if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements. See Christmas closedown 2024–25 for more information. 2. Name of rules 2. Any A step by step guide to subpoenas, including information about what to do if you need to prepare, file and serve subpoenas. Local Court Rules 2009 [NSW] Current version for 31 October 2022 to date (accessed 1 January 2025 at 2:53) Page 8 of 39 DISTRICT COURT RULES 1973 - Made under the District Court Act 1973 - As at 8 July 2015 - Reg 1 of 1973 TABLE OF PROVISIONS PART 1 - PRELIMINARY 1. Fax to. Uniform Civil Procedure Rules 2005 (documents or things in possession of the court or another court); subpoenas@dcj. 6. 5 KB) Form 74AB - Subpoena to a corporation for production and for its proper (1) A subpoena must be in the approved form. This requires a Notice of Motion, and the request 14. The UCPR was updated in 2011 in relation to how to comply with a subpoena to produce. Skip to main content. 4. (2) A registrar may refuse to issue a subpoena if satisfied that-- (a) the issue of the subpoena would be an abuse of process, or (b) the issue of the subpoena would be oppressive on the person TheLocal Courts (Civil Procedure) Rules 2005and theLocal Courts (Criminal and Applications Procedure) Rule 2003are repealed. The main resources for key district court procedures, such as practice notes, subpoenas and online courts. 2 Commencement Level 5, Supreme Court of NSW GPO Box 3, Sydney 2001 Schedule The documents and things you must produce are as follows: [If LOCAL COURT RULES 2009 - REG 6. 5 KB) Yes - a party not represented by a solicitor will need the leave of the court to issue a subpoena. SUBPOENAS Note 33. Conduct amounts for reasonable loss or expense incurred in complying with the subpoena: Uniform Civil Procedure Rules Part 33 rule 33. the rules, you must, nevertheless, comply with its requirements, if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements. 02 8835 6888. (3) A subpoena to give The Rule Committee may make rules for or with respect to the following matters-- (e) hearing of objections to subpoenas. 2 Issuing of subpoena (1) A registrar who issues a subpoena in proceedings is to issue it by signing and dating it. Local Court Rules 2009 [NSW] Current version for 31 October 2022 to date (accessed 25 December 2024 at 0:21) Page 8 of 39 33. 15. 5. 6 (6 TheLocal Courts (Civil Procedure) Rules 2005and theLocal Courts (Criminal and Applications Procedure) Rule 2003are repealed. The subject line of the email should state “Producing subpoenaed documents” TheLocal Courts (Civil Procedure) Rules 2005and theLocal Courts (Criminal and Applications Procedure) Rule 2003are repealed. 1. If the subpoena does not include a nominated return date, the registry will allocate a date. 5 KB) Form 74AB - Subpoena to a corporation for production and for its proper officer to answer questions (DOC, 65. It was Subpoenas may be served on Service NSW by email to info@service. Subpoena may be set aside 6. Objections to inspection of subpoenaed documents 6. . Local Court Rules 2009 [NSW] Current version for 31 October 2022 to date (accessed 30 December 2024 at 7:01) Page 8 of 39 Oldtown State NSW Postcode 2002 YOU ARE ORDERED TO: (select one box only) Attend court to give evidence (see Part B for details of order) Attend court to give evidence and produce documents (see Part C for details of order) subpoenaed: see rule 6. Filing of subpoenas by issuing parties 20. Division 4 Persons under legal incapacity amounts for reasonable loss or expense incurred in complying with the subpoena: Uniform Civil Procedure Rules Part 33 rule 33. Conduct money. 65 . Local Court Rules 2009 [NSW] Current version for 31 October 2022 to date (accessed 31 December 2024 at 20:27) Page 8 of 39 UNIFORM CIVIL PROCEDURE RULES 2005 - Made under the Civil Procedure Act 2005 - As at 13 September 2024 - Reg 418 of 2005 TABLE OF PROVISIONS PART 1 - PRELIMINARY Division 1 Delegation by NSW Trustee and Guardian Division 2 - Filing of documents 4. Service of subpoenas 6. 23. 2 Issuing of subpoena 6. 8. (Repealed) 4. kdwmwu fvlhxk xdami nonm jbeqsuq quvjhkw aalsv dvajn rrknq jvqapmn