Subpoena to give evidence (Form 42)

The court may issue a subpoena, at a party's request, requiring a person to attend to give evidence (r 414, Uniform Civil Procedure Rules 1999 (Qld)). A subpoena to give evidence must be in the approved form (Form 42, Version 4, approved 22 May 2024), be directed to only one person, state the date, time and place for attendance, and state the last date for service (r 415). The issuing party may give written notice of a later date or time (r 415A), or that the person is to attend by audio visual or audio link, stating where from (r 415B). The person need not comply unless conduct money is given or tendered a reasonable time before attendance, except where they give evidence by link from their own place of employment, practice or residence (r 419).

When you need it

• You need a witness who may not come voluntarily to give evidence at a hearing or trial.
• Use Form 43 if the witness must also bring documents, or Form 41 for documents only.
• File a request for subpoena (Form 44) first. The registrar issues the subpoena.

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 witness and attendance details

   Insert the name and address of the one person, the court or other body, its address, and the date and time they must attend and remain until excused.

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 date for attendance (r 415(10)).

4. 4

   Keep the notices and leave the issue block

   Do not alter the 'Take notice' section, which explains contempt, the right to apply to set the subpoena aside (including for sexual assault counselling privilege), later dates, audio visual attendance and conduct money. The court officer signs the issued subpoena.

• File the Form 44 request at the registry. The registrar may issue the subpoena, including electronically, and the subpoena is not filed (r 414).
• Serve it on the witness on or before the last date for service, by the methods in rule 421, including email. The witness need not comply if it is served late (r 421(4)).
• Give or tender conduct money a reasonable time before the attendance day (r 419). Conduct money is in addition to any attendance allowance payable.
• If the hearing moves, give the witness written notice of the later date or time under rule 415A. The subpoena then has effect as if it stated the new date.

• Serve early. Witnesses need notice to arrange work and travel, and late service lets them decline to comply.
• If the witness will give evidence by video or phone, give the rule 415B notice stating the type of link and where they will attend from.
• The court may order the requesting party to pay a witness's reasonable loss or expense of complying, in addition to conduct money (r 417).