Subpoena Acknowledgment - Copy (FC 3A)

Documents produced to the District Court under a subpoena can be inspected by the parties and, with a registrar's approval, copied (District Court Rules 2005 r 48AE). Different timing applies to health records in personal injuries actions (r 48AF). Under rule 48AI a party must not disclose or use a produced document, or information in it, except for the conduct of the proceeding, without the Court's leave. Practice Note PNC 4.7.7 says a lawyer or self-represented party applies to inspect and copy by submitting a request containing an acknowledgment of that obligation in the form of FC 3A. A registrar then records whether access is approved.

When you need it

• Documents or things have been produced to the Court under a subpoena in your District Court action and you want to inspect or copy them.
• Documents have been produced by a registrar on a request to another court under RSC Order 36B rule 13; PNC 4.7.12 applies the same procedure.
• You are the plaintiff in a personal injuries action and want to inspect health records produced by a health professional. The Court still asks for a request form (PNC 4.7.3).
• To remove documents from the Court for copying, a lawyer uses FC 3B instead (PNC 4.7.8).

1. 1

   Identify the subpoena

   Enter the CIV action number, the date of the subpoena or Order 36B rule 13 request, the addressee, and the date for production. Strike through 'subpoena' or 'request' as appropriate.

2. 2

   Give your details

   Name of the person signing, firm name, phone number, and the party you act for.

3. 3

   Answer the health information questions

   For subpoenaed material, say whether the action is a personal injuries action within DCR rule 48AF and whether the material is the plaintiff's health information. If both are yes, parties other than the plaintiff may inspect only after 7 days from the date for production (r 48AF(2); PNC 4.7.3(d)).

4. 4

   Sign the acknowledgment

   Sign and date the acknowledgment that the non-disclosure obligations in rule 48AI apply.

5. 5

   Leave the approval section

   The registrar or delegated officer completes the approval to access, with the date.

• Submit the request to the Court. The Court's Subpoenas page has instructions and a video on lodging a subpoena acknowledgment. Lawyers lodge through the ECMS (eCourts Portal) (PNC 1.2.1).
• If the material is subject to an objection or a request to set it aside, access is not given until that is dealt with (PNC 4.8.1; RSC O 36B r 8A(6)).
• Once copying is approved, the Court may make an electronic copy of electronically produced material; for hard copy, you can copy at the registry using your own USB device or SD card (PNC 4.7.10).

• Count the 7 days from the date for production in the subpoena, not from the day the documents actually arrived, and file after (not on) the seventh day (PNC 4.7.3(d)).
• The obligation stops applying once a document has been received into evidence (r 48AI(3)).
• The Practice Notes contents page describes FC 3A as an undertaking, but the form itself is an acknowledgment of the rule 48AI obligation; the body of PNC 4.7.7 matches the form.