Subpoena to give evidence (Form 37)

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) Supreme Court Rules 2000 (Tas)). A subpoena must be in the prescribed form and addressed to only one person (r 496(1)-(2)). Form 37 is the prescribed form for a subpoena to attend to give evidence only. It must identify the addressee by name or by office or position, and specify the date, time and place for attendance, which must be the date of trial or another date the Court permits (r 496(3), (5), (6)). It is issued when sealed or otherwise authenticated at a registry (r 495(4)).

When you need it

• You need a witness to come to court and give evidence in a Supreme Court of Tasmania proceeding.
• Use Form 38 if you need documents or things produced, or Form 39 for both evidence and documents.
• Prepare one subpoena for each witness; a subpoena cannot be addressed to more than one person (r 496(2)).

1. 1

   Title and addressee

   Insert the title and heading of the proceeding, then the addressee's name and address. A corporation complies through its proper officer (r 496(8)).

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

   Details of subpoena

   Give the date, time and place the addressee must attend (r 496(5)). Use the trial date or another date the Court has permitted (r 496(6)).

4. 4

   Keep the notes

   Leave the printed notes in place. They tell the addressee about informal service, corporations, their right to apply to set the subpoena aside, recovering loss or expense, and contempt.

• Lodge the subpoena at the registry. If it is in order, the officer files it, dates it and seals enough copies for service and proof of service (r 495(3)). A subpoena fee applies; check the court's filing fees page.
• The Registrar may refer a request that looks like an abuse of process to a judge for directions (r 495(5)).
• Serve it personally on the addressee (r 498(1)).

• You can give the witness notice of a later date or time, and the later date then applies (r 496A).
• The addressee, a party or anyone with a sufficient interest can apply to set the subpoena aside or for other relief, on notice to the issuing party (r 497).
• A non-party can ask the Court to order the issuing party to pay their reasonable loss or expense of complying. That is in addition to any conduct money and witness expenses (r 500D).