Subpoena
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.
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.
Filing fee
Nil
When can it be filed
The Court will not always issue a subpoena on your request because there are restrictions placed on subpoeanas in the Court Rules. The Subpoenas brochure - 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
By special service by hand, there are 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 (eg. on a computer or typewriter) or hand printed in ink.
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* For further information or to get paper copies of this document sent to you, call 1300 352 000, or visit a family law registry near you.