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Contact Armstrong Legal:
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Brisbane: (07) 3229 4448
There are three types of subpoena:
You can request a subpoena if a person refuses to give evidence or provide documents to a court, or is unable, of their own free will, to do so.
You need to complete the form titled subpoena that is approved by the relevant Court.
Unless a court orders otherwise, a subpoena must not be served on a person less than 18 years of age.
In some situations, you will need to prepare a letter to support your request for a subpoena. For example, where there are less than seven days before the court hearing date or where the request is made by someone who is representing themself. You Armstrong Family Law Canberra solicitor will be able to provide more information about when you need to prepare a letter.
Family Court
As a general rule, a party to the matter can only request a subpoena:
A subpoena will not be issued:
A party can only request three subpoenas for the hearing of:
Federal Magistrates Court
Unless a federal magistrate orders otherwise, a party must not request the issue of more than five subpoenas in a case.
When completing the subpoena, keep in mind that:
Once you have completed the subpoena, you need to file it at the Family Law Court registry.
You will need to file the original and at least two copies. The Court keeps the original subpoena. The first copy is sealed (stamped) and must then be served on the person or organisation being subpoenaed. The second copy is for you.
If it is a subpoena for production, you will need enough copies to make sure that there is a copy for service on each other party.
As the person who requested the subpoena to be issued, you must arrange for the subpoena to be personally handed to the named person. You should give the named person as much notice as possible of the hearing or trial date.
If the subpoena is not served personally, the named person is not required to comply with the subpoena.
At the time of service of a subpoena, the following must also be served.
Family Court
In some cases, all parties may be automatically permitted to inspect and copy any documents produced under a subpoena without the need to attend on the court date. This situation can only occur if.
If a person objects to the inspection or copying of the documents that person and the party issuing the subpoena must attend the court date. At the court hearing the judge or registrar will decide whether both parties will be allowed to inspect or copy the documents.
Federal Magistrates Court
A subpoena requiring production only may be made returnable to court at a time fixed by the Court. A subpoena requiring attendance of a person must be made returnable to court when the case is listed for a hearing.
When you serve a subpoena, you are required to pay conduct money to the named person. If you do not provide this money, the named person is not required to comply with the subpoena. For a subpoena for production, you must give the named person conduct money sufficient to meet the reasonable expenses of complying with the subpoena. For example, the cost of identifying, copying and collating the documents required. This will be at least the minimum amount of $10 or such other sum as agreed or ordered.
You must also pay witness fees for each person that you subpoena to attend court.
Note - If a person incurs a substantial loss or expense greater than the set conduct money or witness fee, a court may order that the issuing party reimburse these expenses.
Yes, a person must comply with a subpoena unless it was not served on the person by hand, or conduct money was not provided. If a person does not comply with a subpoena, a court may issue a warrant for the person's arrest, and/or order them to pay any costs caused by the noncompliance.
A court may also find the person guilty of contempt of court.
Yes, a person can object to the production of documents required by a subpoena for reasons such as.
In this case, a party or a person (named or affected by a subpoena) may seek an order that a subpoena be set aside in whole or in part.
A subpoena remains in force until one of the following events occurs:
A person must only use documents obtained by subpoena for the purposes of the case and must not disclose the contents or give a copy of a document to any other person without the permission of a court.
The registry manager must return a document produced in compliance with a subpoena to the named person.
Taking the next step and contacting a family lawyer can be scary. Our lawyers will make you feel comfortable so you can talk about your situation. But first, ask yourself, Do I really need a lawyer?
Contact Armstrong Legal:
Canberra: (02) 6288 1100
Sydney: (02) 9261 4555
Melbourne: (03) 9620 2777
Brisbane: (07) 3229 4448