Subpoena for production to registrar (Form 42AA)

Order 42A of the Magistrates' Court General Civil Procedure Rules 2020 (Vic) applies where a party who has an Australian lawyer wants a person who is not a party to produce documents for evidence before the hearing (r 42A.01(1)). The subpoena requires the addressee to produce the documents to a registrar on or before a day the registrar specifies (r 42A.02) and must be in Form 42AA (r 42A.03). Order 42 applies so far as practicable (r 42A.01(2)). Documents produced can be inspected by the parties by appointment if no objection is upheld (r 42A.10) and are handed to the court at the hearing (r 42A.13).

When you need it

• You are legally represented and need documents from a non-party, such as a bank, hospital, employer or insurer, before the hearing.
• You want the documents produced to the registrar rather than brought to court on the hearing day (for that, use a subpoena to produce, Form 42B).
• Using it does not stop you issuing an ordinary subpoena for the hearing as well (r 42A.14).

1. 1

   Heading and addressee

   Fill in the court number, venue and parties, then the name and address of the person or company ordered to produce.

2. 2

   Last day for service

   Insert the last day for service. Under Order 42 it must be a reasonable time before the date for compliance (r 42.03(8)).

3. 3

   Issuing party details

   Insert the date, the party at whose request it is issued, and that party's address for service and email.

4. 4

   Date and place for production

   Insert the date for production and the Magistrates' Court venue whose registrar is to receive the documents.

5. 5

   Schedule of documents

   List the documents or things to be produced, specifically enough for the addressee to identify them. Attach a list if needed.

6. 6

   Leave the notes and declaration

   Do not alter the printed notes. The addressee completes the declaration about whether they are producing copies or originals.

• The subpoena is issued by a registrar and is taken to be issued when the registrar signs it (r 42.02(1A), (3)). A fee may apply - check the current fee schedule.
• Serve it personally on the addressee (r 42A.04(1)) on or before the last day for service, then serve a copy on each other party as soon as practicable; that copy does not need to be sealed or served personally (r 42A.04(2)).
• File an affidavit of service (Form 6A) without delay after serving the copies (r 42A.04(3)).
• The addressee complies by delivering or sending the documents so the registrar receives them on or before the specified day (r 42A.05(1)). Objections must be notified to the registrar in writing before that day (rr 42A.07, 42A.08).

• If the subpoena seeks the plaintiff's hospital or medical records, the plaintiff may inspect them first and then object, in writing within 14 days after the production day (r 42A.08(2)). Note 8 on the current form says 7 days, so check the rule.
• Produced documents can only be removed from the registry on a written application signed by a lawyer, who undertakes to keep them in personal custody and return them intact (r 42A.11).
• A non-party can ask the court to order the issuing party to pay reasonable costs of complying (r 42.11; note 16 on the form).