This is a mandatory form.*

If a person refuses, or is unable of their own free will, to produce documents or give evidence at a hearing or trial a party may request the Court to issue a subpoena directed to that person.

There are three types of subpoena:

  • a subpoena for production;
  • a subpoena to give evidence;
  • a subpoena for production and to give evidence.

Fees

Subpoenas attract a filing fee. For more information see the Court Fees brochure.

Making copies of the form for filing, service and yourself

The completed and signed original of the form is filed at the Court. Before you file it you must also make sufficient copies to have one for each person to be served and a copy for your own records.

When can it be filed

The Court will not always issue a subpoena on your request because there are restrictions placed on subpoenas in the Court Rules. The brochure Subpoenas - Information for person requesting issue of a subpoena, provides further information.

What you file with this form

Nil

Who you serve

The person named in the subpoena, ie. the person you want to comply with the subpoena.

How you serve

See the brochure Subpoena - Information for a person requesting the issue of a subpoena for details about service requirements and specific time limits for service. The Service Kit provide instructions.

What you serve with this form

At the time of service of a subpoena the following must also be served:

  • conduct money
  • if it is a subpoena for production a copy of the brochure Subpoena - information for named person (served with a subpoena); and a written notice if you seek that Rule 15.30 apply.

If necessary you should read the Court's Service Kit as it may help you carry out service. If the subpoena is not served personally, according to the Court's Rules, the person you are asking the Court to subpoena is not required to comply with the Subpoena.

What is filed in response

A named person can apply to have a subpoena set aside.

More information

For more information for a person who has been served with a subpoena refer to the Subpoena - information for named person.

In completing a Court form, you must*

Complete the form by typing or hand printing in ink.

Are you having trouble understanding legal words used in these forms?

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Are you having trouble understanding legal words used in these forms?

NOTE: LawTermFinder allows searches in the following languages: العربية | Arabic, 简体中文 | Simplified Chinese, 繁體中文 | Traditional Chinese,
한국어 | Korean, Español | Spanish, Tiếng Việt | Vietnamese.