Document ID: chunk:federal_register_of_legislation:F2023C00085:front:0:p45
Version: federal_register_of_legislation:F2023C00085
Segment Type: other
Provision Reference: 
Character Range: 107090–109665

party, issue:
 (a) a subpoena for production; or
 (b) a subpoena to give evidence; or
 (c) a subpoena for production and to give evidence.
 (2) A subpoena must be in accordance with the approved form.
 (3) A subpoena must specify the name or designation by office or position of the person subpoenaed.
 (4) A subpoena requiring a person to produce a document or thing must include:
 (a) an adequate description of the document or thing; and
 (b) the time and place for production.
 (5) A party must not request the issue of a subpoena for production and to give evidence if production would be sufficient in the circumstances.

16.02  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 a Registrar a written notice setting out:
 (a) the name and address of the court in possession of the document; and
 (b) a description of the document to be produced; and
 (c) the date the document is to be produced; and
 (d) the reason for seeking production.
 (3) On receiving a notice under subrule (2), a Registrar 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.

16.03  Time limits
 (1) A subpoena requiring production only may be made returnable at a time fixed by the Court.
 (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 subpoena is required.
Note: A subpoena must be served within 3 months of issue (see rule 6.18).

16.04  Limit on number of subpoenas
 (1) Unless the Court directs otherwise, a party must not request the issue of more than 5 subpoenas in a proceeding.
 (2) For the purposes of this rule:
proceeding does not include a part of a proceeding.

16.05  Service
 (1) A subpoena must be served in accordance with Part 6.
Note: Under subrule 6.06(1), service by hand is required for an application starting a proceeding or a subpoena requiring the attendance of a person.
 (2) The issuing party must serve by ordinary service a copy of the