Subpoena for production and to give evidence (Form 43)

The court may issue a subpoena, at a party's request, requiring a person both to attend to give evidence and to produce a document or thing (r 414, Uniform Civil Procedure Rules 1999 (Qld)). A subpoena for production and to give evidence must be in the approved form (Form 43, Version 4, approved 22 May 2024), be directed to only one person, and state the date, time and place for attendance, identify what must be produced, carry the notice of the right to apply to set it aside, and state the last date for service (r 415). The party may later give written notice of a later date or time (r 415A), or that the person is to give evidence by audio visual or audio link (r 415B). Conduct money, production by non-parties, copies and service are dealt with in rules 419 to 421.

When you need it

• You need a witness to give evidence at a hearing or trial and also bring documents or things, for example a records custodian who must produce and explain records.
• Use Form 41 if you only need documents produced, or Form 42 if you only need the person to give evidence.
• You first file a request for subpoena (Form 44). The registrar issues the subpoena; it is not filed (r 414).

1. 1

   Complete 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

   Name the person and the attendance details

   Insert the name and address of the one person the subpoena is directed to (r 415(2)-(3)), the court or other body, the address, and the date and time they must attend.

3. 3

   State who it is issued for and the last date for service

   Insert the party on whose behalf it is issued and the last date for service: the date fixed by the court, or otherwise the date 5 days before the earliest date for compliance (r 415(8), (10)).

4. 4

   Complete the schedule

   Describe each document or thing to be produced. If you need originals rather than copies, say so, because otherwise a copy may be produced (r 420A).

5. 5

   Keep the notices and leave the issue block

   Do not change the 'Take notice' section, which explains contempt, conduct money, audio visual attendance, setting aside and production at the registry. The court officer signs and dates the issued subpoena. Complete the back-sheet.

• File a Form 44 request for subpoena at the registry. The registrar may issue the subpoena, including electronically. The subpoena itself must not be filed (r 414(3)-(7)).
• Serve it on the person by the last date for service, in the usual ways or by email (r 421). The person need not comply if it is served after that date (r 421(4)).
• Give or tender conduct money a reasonable time before the attendance date. Without it, the person need not comply, unless they are to give evidence by audio visual or audio link from their own place of employment, practice or residence (r 419).
• A non-party may produce the documents at the registry, or have an agent attend, instead of attending to produce them, so they are received at least 2 clear business days before the earliest date in the subpoena (r 420). The obligation to attend and give evidence remains.

• Keep the schedule specific. The person can apply to set aside all or part of a subpoena on grounds including want of relevance, privilege and oppressiveness (rr 415(6), 416).
• A non-party who incurs substantial loss or expense complying with the production part may be awarded compensation, including legal costs, against the party who requested it (r 418).
• Use a written notice under rule 415A if the hearing is adjourned, rather than issuing a new subpoena.