Subpoena for production (Form 41)

The court may issue a subpoena, at a party's request, requiring a person to produce a document or thing as directed (r 414, Uniform Civil Procedure Rules 1999 (Qld)). A subpoena for production must be in the approved form (Form 41, Version 3, approved 10 September 2018), be directed to only one person, identify the documents or things to be produced, state the date, time and place for production, state the last date for service, and carry a notice that the person may apply to have it set aside on grounds including want of relevance, privilege, oppressiveness or non-compliance with the rules (r 415). A non-party can comply by producing at the registry instead of attending (r 420), and may produce copies unless originals are required (r 420A).

When you need it

• You need documents or things held by another person or organisation, including a non-party, produced to the court for a hearing or trial.
• Use Form 43 if the person must also give evidence, and Form 42 for evidence only.
• Consider whether a notice of non-party disclosure (Form 21) suits better before trial. It produces documents to you directly rather than to the court.

1. 1

   Complete the heading

   Use the parties as they appear on the claim, and substitute District Court or Magistrates Courts, or Applicant and Respondent, as needed.

2. 2

   Name the person and the production details

   Insert the name and address of the one person the subpoena is directed to, the court or other body, its address, and the date and time for production.

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 5 days before the earliest date for compliance (r 415(10)).

4. 4

   Complete the schedule

   Describe each document or thing precisely. State if originals must be produced, otherwise a paper or approved electronic copy may be produced (r 420A).

5. 5

   Leave the notices and the issue block

   Keep the 'Take notice' section unchanged. The court officer signs and dates the issued subpoena. Complete the back-sheet with the filing party's details.

• File a request for subpoena (Form 44). The registrar may issue the subpoena, including electronically, and the subpoena itself is not filed (r 414).
• Serve the subpoena by the last date for service, personally or by the other methods in rule 421, including email. The person need not comply if it is served late (r 421(4)).
• A non-party, or their agent, may attend and produce on the stated date, or deliver or send the subpoena (or a copy) and the documents to the issuing registry so they arrive at least 2 clear business days before the earliest date in the subpoena. The registry issues a receipt, and if more than one document is produced the registrar may ask for a list (r 420).
• In Supreme Court wills and estates matters, Form 41 can be lodged through the Online Services Portal for citation proceedings under chapter 15, part 9 (Principal Registrar Approval 1 of 2025).

• Target the schedule to what is genuinely needed. A non-party who incurs substantial loss or expense can be awarded compensation, including legal costs, against the requesting party (r 418).
• Rule 419 deals with conduct money for subpoenas to give evidence, but the Form 41 notice also tells the recipient they need not comply unless conduct money is paid or tendered, so offering it avoids an argument.
• Parties may ask the registrar whether production has happened and for a copy of any list, and can usually inspect what is produced unless someone objects (r 422A).