Subpoena to give evidence (New Zealand) (Form 98A)
Form 98A is the Federal Court of Australia subpoena to give evidence for service on a witness in New Zealand under the Trans-Tasman Proceedings Act 2010.
Word document from Federal Court of Australia's website.
DraftOur fillable copy of this form has not been through editorial review yet. Check it against Federal Court of Australia's current form before you rely on it.
- Format
- Word (DOCX)
- Category
- Court form
- Form number
- Form 98A
- Version
- vfb2c4b8d
- Last updated
- 14 October 2026
Federal Court of Australia · Federal Court Rules 2011
For law practices: this form maps to the published matter-field vocabulary, so your practice management system fills it from your matter data - on your own machine. Practice management systems can fetch and assemble it through the document assembly API.
What Form 98A is for
A Federal Court subpoena can be served in New Zealand under Part 5 of the Trans-Tasman Proceedings Act 2010 (Cth), but only with the Court's leave (s 31). In giving leave the Court must set a last day for service, and it cannot give leave if the person named is under 18 (s 31(4), (5)). The subpoena must be accompanied by the leave order and a notice of the person's rights and obligations (s 32). In the Federal Court, leave is sought by interlocutory application in Form 97 (r 34.66) and the subpoena to give evidence must be in Form 98A (r 34.67(a)), which includes the Notice to Witness.
When you need it
- A witness living in New Zealand needs to give evidence in a Federal Court proceeding.
- The witness is 18 or older and you have, or are seeking, leave to serve in New Zealand.
- Use Form 98B or 98C if documents are also needed.
How to fill it in
- 1
Complete the Notice to Witness
Fill in the heading and any Court contact details the notice asks for. Do not edit the statements of rights, obligations and grounds for setting aside.
- 2
Complete the subpoena
Insert the addressee's name and address, the last date for service (as fixed in the leave order) and your address for service.
- 3
Set the attendance details
Insert the date, time and place for giving evidence. Under TTPA s 30(2) a subpoena can require attendance in Australia or New Zealand.
- 4
Add a schedule of parties if needed
List additional parties in the schedule, or delete it.
Filing, lodging and service
- File an interlocutory application in Form 97 with a copy of the subpoena and an affidavit covering the matters in r 34.66(2), including the witness's age, the significance of the evidence, other ways of obtaining it, the intended service date, the expense money and an estimate of how long the witness will be needed.
- Serve the subpoena in New Zealand as permitted by the Court's rules and any directions in the leave order, with a copy of the leave order and the notice (TTPA s 32).
- Allowances and travel expenses sufficient for the witness's reasonable expenses must be paid at service or a reasonable time before compliance, and vouchers such as travel tickets can be used (TTPA s 33).
Common mistakes
- Disclose in your affidavit anything you know that could be a ground for setting the subpoena aside (r 34.66(2)(b)(ix)).
- The Court may ask you to undertake to meet expenses beyond what you give the witness at service (note to r 34.66).
- If the witness does not comply, a certificate of non-compliance can be sought under r 34.69.
Frequently Asked Questions
Can I subpoena a witness in New Zealand to give evidence in the Federal Court?
Yes, with leave under s 31 of the Trans-Tasman Proceedings Act 2010. Apply in Form 97 and use Form 98A.
What can a New Zealand witness do if they cannot travel?
Apply to the Federal Court to set the subpoena aside (TTPA s 35; r 34.68). The Court must set it aside on some grounds, such as lacking travel documents, and may on others, such as hardship (s 36).
Checked against the official sources on 26 October 2026
- Trans-Tasman Proceedings Act 2010 (Cth) Part 5 Division 2 (ss 29 to 37)
- Federal Court Rules 2011 (Cth) rr 34.66 to 34.69
- Federal Court of Australia - Form 98A
- Federal Court of Australia - Forms under the Federal Court Rules 2011
General information about the form, not legal advice about your matter. Rules and forms change: if anything here differs from the court or agency's current instructions, theirs apply.
Field map
20 boxes on the Subpoena to give evidence (New Zealand) (Form 98A) fill from your matter.
- Client
- Client email, Client full name(s), Client postal address (full), Client state
- Matter
- Matter / file reference
- Key Dates
- Current date
- Operator
- User First Name
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