Subpoena to give evidence and produce documents or things (Rule 496 and 500C(3)) (Form 39)

Division 3 of Part 19 of the Supreme Court Rules 2000 (Tas) deals with subpoenas. The Court may by subpoena order a person (the addressee) to attend to give evidence, to produce documents or things, or both (r 495(1)). A subpoena must be in the prescribed form and addressed to only one person (r 496(1)-(2)). Form 39 is the prescribed form for a subpoena that does both. It must identify the addressee and the documents or things to be produced, and specify the date, time and place for attendance and production (r 496(3)-(5)). The declaration at the end is the one rule 500C(3) requires the addressee to complete when producing documents.

When you need it

• You are a party to a Supreme Court of Tasmania proceeding and need a witness to come to court and also bring documents or things with them.
• Use Form 37 if you only need the person to give evidence, or Form 38 if you only need documents or things produced. Both are on the court's civil forms page.
• The subpoena is for the date of trial or another date the Court permits (r 496(6)).

1. 1

   Title and addressee

   Insert the title and heading of the proceeding, then the addressee's name and address. Address it to one person only, by name or by office or position (r 496(2)-(3)).

2. 2

   Issuing party

   Insert the name of the party requesting the subpoena and that party's address for service. The court seals it and an officer signs it with the Registrar's authority.

3. 3

   Attendance details

   Under "Details of subpoena", give the date, time and place the addressee must attend to give evidence (r 496(5)).

4. 4

   Production details

   Give the date, time and place for production and the address (or addresses) to which documents may instead be delivered or posted to the Registrar (r 496(4), (7)).

5. 5

   Schedule of documents

   List the documents or things to be produced clearly enough for the addressee to identify them (r 496(4)(a)). Attach a list if there is not enough space.

6. 6

   Leave the declaration blank

   The addressee completes the declaration at the end, ticking whether the material is all copies or includes originals, and gives a return address for originals.

• File the subpoena with the court. If it is in order, the officer files it, dates it and seals enough copies for service and proof of service; it is issued when sealed (r 495(3)-(4)). A fee may apply - check the court's fees page.
• Serve it personally on the addressee (r 498(1)).
• Serve a copy of a subpoena to produce on each other party as soon as practicable after it has been served on the addressee (r 498(2)).
• The addressee can produce by attending, or by delivering or posting the subpoena (or a copy) and the documents to the Registrar so they arrive not less than 2 clear days before the production date (r 499(2)). Producing documents this way does not excuse the addressee from also attending to give evidence (r 499(3)).

• The issuing party can give the addressee notice of a later date or time, and the later date then applies (r 496A).
• Unless the subpoena specifically requires originals, the addressee may produce copies (r 499(4)). Copies not declared to be originals may be destroyed 4 months after the proceeding ends (r 500C(4)).
• A non-party who complies can ask the Court to order the issuing party to pay their reasonable loss or expense (r 500D). The addressee, a party or anyone with a sufficient interest can apply to set the subpoena aside (r 497).