Request for subpoena (Form 44)

The court may issue a subpoena at the request of a party, requiring a person to attend to give evidence, to produce a document or thing, or both (r 414(2), Uniform Civil Procedure Rules 1999 (Qld)). A request for a subpoena must name the person, or describe their office or position, and must be filed (r 414(4)). A single request may cover more than one subpoena (r 414(5)), and the registrar may then issue the subpoena (r 414(6)). The subpoena itself is not filed (r 414(7)). Form 44, Version 2, is the approved request. The subpoena is then prepared in the approved form for its type: Form 41 (production), Form 42 (to give evidence) or Form 43 (production and to give evidence) (r 415(1)).

When you need it

• You want a person or organisation to produce documents or things to the court for a hearing or trial.
• You need a witness to attend and give evidence, or both attend and bring documents.
• You want several subpoenas issued at once. One request can cover them all (r 414(5)), but each subpoena can only be directed to one person (r 415(2)).

1. 1

   Copy the heading

   Use the parties as they appear on the claim. Substitute District Court or Magistrates Courts for Supreme as needed, and Applicant and Respondent if the proceeding started by originating application.

2. 2

   Address the registrar

   Insert the name of the court and the place of the registry, and the party on whose behalf the subpoena is to be issued.

3. 3

   Choose the type of subpoena

   Keep for production, to give evidence, or for production and to give evidence, and delete the others.

4. 4

   Name the person and the return details

   Insert the person the subpoena is directed to, by name or by office or position, with their address or email, and the court, place, date and time the subpoena is returnable.

5. 5

   Sign, date and prepare the subpoena

   Sign and date the request and complete the back-sheet. Prepare each subpoena on Form 41, 42 or 43, including the last date for service and, for production, a clear schedule of the documents or things.

• File the request at the registry where the proceeding is (r 414(4)(b)). The registrar may issue the subpoena, including electronically (r 414(3), (6)). Do not file the subpoena itself (r 414(7)).
• A filing or issuing fee may apply. Check the current fee schedule for the court.
• Serve each issued subpoena on or before the last date for service stated on it, which is the date the court fixes or otherwise 5 days before the earliest date for compliance (rr 415(8), (10), 421(4)). A subpoena can be served in the usual ways or by email (r 421).
• In Supreme Court wills and estates matters, Form 44 can be lodged through the Online Services Portal for citation proceedings under chapter 15, part 9 (Principal Registrar Approval 1 of 2025).

• Tender conduct money to a witness a reasonable time before they must attend. A person subpoenaed to give evidence need not comply until it is given or tendered, unless they are giving evidence by audio visual or audio link from their own place of employment, practice or residence (r 419).
• Choose a return date that leaves time to serve by the last date for service. A person need not comply with a subpoena served after that date (r 421(4)).
• A person who is not a party can be ordered compensation for substantial loss or expense in complying with a subpoena for production (r 418), so keep the schedule targeted.