Subpoena to produce documents or things (Rule 496 and 500C(3)) (Form 38)

A subpoena to produce orders the addressee to produce the subpoena, or a copy of it, and the documents or things it lists (r 494, r 495 Supreme Court Rules 2000 (Tas)). It must be in the prescribed form, addressed to one person, identify what is to be produced and specify the date, time and place for production (r 496(1)-(4)). Form 38 is that form. The declaration at the end is the one rule 500C(3) requires the addressee to complete, saying whether the material is all copies or includes originals. Copies not declared to be originals may be destroyed 4 months after the proceeding ends (r 500C(4)).

When you need it

• You need documents or things from a person or organisation (a bank, employer, hospital or other non-party) for a Supreme Court of Tasmania proceeding.
• Use Form 37 if you only need the person to give evidence, or Form 39 for both.
• You cannot use a subpoena for documents already in the custody of this or another court; ask the Registrar in writing under rule 500F instead (r 495(2)(b)).

1. 1

   Title and addressee

   Insert the title and heading of the proceeding and the addressee's name and address, by name or by office or position (r 496(3)).

2. 2

   Issuing party

   Insert the name of the requesting party and that party's address for service. The court seals the subpoena.

3. 3

   Date, time and place

   Give the date, time and place for attendance and production. The date must be the trial date or another date the Court permits (r 496(6)).

4. 4

   Delivery address

   Insert the address, or addresses, to which the subpoena and documents may be delivered or posted to the Registrar instead of attending.

5. 5

   Schedule of documents

   List the documents or things 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 ticks whether the material is all copies or includes originals, gives a return address for originals, and signs.

• Lodge the subpoena at the registry for issue. The officer files, dates and seals copies for service (r 495(3)). A subpoena fee applies; check the court's filing fees page.
• Serve it personally on the addressee (r 498(1)).
• Serve a copy on each other party as soon as practicable after it has been served on the addressee (r 498(2)).
• The addressee can attend and produce, or deliver or send 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)).

• Unless the subpoena specifically requires originals, the addressee may produce copies (r 499(4)). Say so in the schedule if you need originals.
• Parties may inspect the material at the Registry unless the addressee or someone else objects. An addressee who objects must tell the Registrar in writing at the time of production (r 500B).
• Only a practitioner can apply in writing to take produced material out of the Registry, and they then undertake to keep it in their custody and return it as directed (r 500B(9)-(10)).