Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p44
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 44/100)
Character Range: 224109–226735

of objection under this rule must be referred to the court for the hearing and determination of the objection.
 (5) The court may compel a person to produce a document to the court for the purpose of ruling on an objection made under subrule (1) or paragraph (3)(a).

6.39  Subpoena for production of documents or things
 (1) If a person is served with a subpoena for production:
 (a) the person, or the person's agent, must produce the documents or things described in the subpoena at the registry stated in the subpoena; and
 (b) the Registry Manager must issue a receipt to the person producing the document or thing.
 (2) Unless the subpoena specifically requires the production of the original documents or things, the person, or the person's agent, may produce a copy of the document or things.
 (3) The copy of the document or things may be:
 (a) a photocopy; or
 (b) in PDF format; or
 (c) in any other electronic form that the issuing party has indicated is acceptable.

6.40  Return of documents produced
 (1) This rule applies to a document produced in compliance with a subpoena that is to be returned to the person subpoenaed.
 (2) If the document is tendered as an exhibit at a hearing or trial, the Registry Manager must return it at least 28 days, and no later than 42 days, after the final determination of the application or appeal.
 (3) If:
 (a) a document is not tendered as an exhibit at a hearing or trial; and
 (b) the issuing party has been given 7 days written notice of the Registry Manager's intention to return it;
the Registry Manager may return the document to the person subpoenaed at a time that is earlier than the time referred to in subrule (2).
 (4) If the Registry Manager has received written permission from the person subpoenaed to destroy the document:
 (a) subrules (2) and (3) do not apply; and
 (b) the Registry Manager may destroy the document, in an appropriate way, not earlier than 42 days after the final determination of the application or appeal.
 (5) Nothing in this rule requires the Registry Manager:
 (a) to return to the person subpoenaed any document that is produced in electronic form; or
 (b) to obtain permission from the person subpoenaed to destroy such a document, in an appropriate way, not earlier than 42 days after the final determination of the application or appeal.

Division 6.5.3—Non‑compliance with subpoena

6.41  Failure to comply with subpoena
  If:
 (a) a person subpoenaed does not comply with a subpoena; and
 (b) the court is satisfied that the person subpoenaed was served with the subpoena and given conduct money in compliance with rule 6.31;