Subpoena to produce (Form 42B)

A subpoena to produce under Order 42 of the Magistrates' Court General Civil Procedure Rules 2020 (Vic) requires the addressee to produce the subpoena (or a copy) and the documents or things it lists (r 42.01). It must be in Form 42B (r 42.03(1)(b)), addressed to one person only (except partners in a firm) (r 42.03(2)(b)), and must identify what is to be produced and the date, time and place for production (r 42.03(4)). The addressee can comply by attending, or by delivering or sending the material to the registrar so it is received at least 2 clear business days before the production date (r 42.06(4)). Unless an original is required, copies may be produced, including electronic copies in common formats (r 42.06(6), (7)).

When you need it

• You need documents or things held by another person or company, such as records, contracts or photographs, as evidence in a civil proceeding.
• You are self-represented or represented. (A party with a lawyer can also use Form 42AA for production to the registrar before the hearing.)
• If you also need the person to give evidence, use Form 42C (r 42.03(1)(c)).

1. 1

   Heading and addressee

   Fill in the court number, venue and parties, then the one person or company that must produce (r 42.03(2)(b)).

2. 2

   Last day for service

   Insert the last day for service, a reasonable time before the production date (r 42.03(8)).

3. 3

   Issuing party details

   Insert the date, the party who asked for it, and that party's address for service and email.

4. 4

   Date, time and place, and registry address

   Insert when and where to attend to produce, and the Magistrates' Court venue whose registrar can receive the material by delivery or post.

5. 5

   Schedule of documents

   List the documents or things clearly enough that the addressee knows exactly what to produce (r 42.03(4)(a)). Attach a list if needed.

6. 6

   Declaration by addressee

   Leave this for the addressee, who ticks whether they are producing copies only or some originals and gives a return address (r 42.10(3), (4)).

• Once completed, the court's form page says to file it with the civil registry at a Magistrates' Court. It is issued when signed by the registrar (r 42.02(3)). A fee may apply - check the current fee schedule.
• Serve it personally on the addressee (r 42.05(1)) on or before the last day for service, then serve a copy on each other party as soon as practicable; the copy does not have to be signed or served personally (r 42.05(2)).
• An addressee who objects to inspection must notify the registrar in writing at the time of production (r 42.09(5)). Otherwise the registrar may let the parties inspect the material (r 42.09(4)).

• Conduct money is a condition only for subpoenas to attend (Forms 42A and 42C) (r 42.06(1)), but a non-party can seek its reasonable costs of complying (r 42.11).
• Copies declared as copies may be destroyed 4 months after the proceeding ends (r 42.10(5)); originals are returned to the address in the declaration.
• Keep the schedule focused. A broad or oppressive request invites an application to set the subpoena aside (r 42.04).