Document ID: chunk:federal_register_of_legislation:F2024C00482:reg:13:p40
Version: federal_register_of_legislation:F2024C00482
Segment Type: reg
Provision Reference: reg 13 (pt 40/48)
Character Range: 108570–111033

a copy of it and a document or thing, it is called a subpoena to produce.

8.03  Issuing of subpoena
 (1) The Court may, in criminal proceedings, by subpoena, order the addressee:
 (a) to attend to give evidence as directed by the subpoena; or
 (b) to produce the subpoena or a copy of it and any document or thing as directed by the subpoena; or
 (c) to do both of those things.
 (2) An issuing officer must not issue a subpoena:
 (a) if the Court has made an order, or there is a rule of the Court, having the effect of requiring that the proposed subpoena:
 (i) not be issued; or
 (ii) be issued only with the leave of the Court and that leave has not been given; or
 (b) requiring the production of a document or thing in the custody of the Court or another court.
 (3) The issuing officer must seal with the seal of the Court, or otherwise authenticate, a sufficient number of copies of the subpoena for service and proof of service.
 (4) The subpoena is taken to have been issued when it is sealed or otherwise authenticated under subrule (3).

8.04  Form of subpoena
 (1) A subpoena must be in accordance with:
 (a) for a subpoena to attend to give evidence—Form CP41; or
 (b) for a subpoena to produce a document or thing—Form CP42; or
 (c) for a subpoena to attend to give evidence and to produce a document or thing—Form CP43.
 (2) A subpoena must not be addressed to more than one person.
 (3) A subpoena must identify the addressee by name or by description of office or position.
 (4) A subpoena to produce issued under this Part must:
 (a) identify the document or thing to be produced; and
 (b) specify the date, time and place for production.
 (5) A subpoena to attend to give evidence issued under this Part must specify the date, time and place for attendance.
 (6) The date specified in a subpoena must be the date fixed for the start of the trial or any other date as permitted by the Court.
 (7) The place specified for production may be the Court or the address of any person authorised to take evidence in the proceedings as permitted by the Court.
 (8) The last date for service of a subpoena:
 (a) is:
 (i) the date 5 days before the earliest date the addressee is required to comply with the subpoena; or
 (ii) an earlier or later date fixed by the Court; and
 (b) must be specified in the subpoena.
 (9) If the addressee is a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.

8.05  Change