Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p40
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 40/100)
Character Range: 214458–217082

issue of a subpoena for production and to give evidence if production would be sufficient in the circumstances.

6.27  Limits on requests for subpoenas
 (1) A self‑represented party must not request the issue of a subpoena without the permission of the court.
 (2) A party or an independent children's lawyer must not request the issue of:
 (a) a subpoena to give evidence; or
 (b) a subpoena for production and to give evidence; or
 (c) a subpoena for production for a final hearing; or
 (d) a subpoena for production directed to another party to the proceeding;
without the permission of the court.
 (3) Subject to subrules (1) and (2), a party may request the issue of up to 5 subpoenas for production for the hearing of an application for an interlocutory order without the permission of the court.
 (4) Subject to subrules (1) and (2), an independent children's lawyer may request the issue of any number of subpoenas for production for the hearing of an application for an interlocutory order without the permission of the court.
 (5) A request made under subrule (3) must state the total number of subpoenas the party has already requested under that subrule in the proceeding.

6.28  Documents and things in possession of another court
 (1) The court must not issue a subpoena requiring the production of a document or thing in the possession of the court or another court.
 (2) A party who seeks production of a document or thing in the possession of another court must give to the Registry Manager a written notice setting out:
 (a) the name and address of the court having possession of the document; and
 (b) a description of the document to be produced; and
 (c) the date when the document is to be produced; and
 (d) the reason for seeking production.
 (3) On receiving a notice under subrule (2), the Registry Manager may ask the other court, in writing, to send the document to the filing registry by a specified date.
 (4) A party may apply for permission to inspect and copy a document produced to the court under this rule.

6.29  Time limits
 (1) A subpoena requiring production only must be made returnable no later than 3 days before any court event to which the subpoena relates, unless the court otherwise orders.
 (2) A subpoena requiring attendance of a person must be made returnable on a day when the proceeding is listed for a hearing.
 (3) Unless the court directs otherwise:
 (a) a subpoena requiring attendance must be served at least 7 days before attendance under the subpoena is required; and
 (b) a subpoena requiring production must be served at least 10 days before production under the