Subpoena notice and declaration (Form 4E)

Rule 48AG(3)(b) of the District Court Rules 2005 requires the issuing party to attach to the front of a subpoena to produce (Form 4C) a notice and declaration in Form 4E, unless the action is a personal injuries action and the addressee is a health professional, hospital or health records manager (which uses Form 4D). The notice explains the addressee's obligations, the ways to comply, objections and the $80 compliance payment (r 48AH). Unless the Court orders otherwise, all parties may inspect the material as soon as it is produced and copy it with a registrar's approval (r 48AE). The declaration tells the Court whether copies or originals are produced, which decides whether they are destroyed or returned.

When you need it

• You are issuing a Form 4C subpoena to a bank, employer, insurer, government agency, company or individual, or to a health provider in a case that is not a personal injuries action.
• You have received a District Court subpoena to produce with a Form 4E attached and need to return the declaration with the documents.

1. 1

   Issuing party: complete the headings

   Enter the action number, parties and registry on both the notice and the declaration pages, matching the Form 4C.

2. 2

   Issuing party: check the payment paragraph

   Paragraph 17 says the addressee received $80. Amend it if the Court ordered, or you and the addressee agreed, something different (note 2).

3. 3

   Addressee: decide how to comply

   Attend on the production date, or deliver or send the subpoena (or a copy) and the material to the registrar, or upload it through the ECMS, so it arrives at least 2 clear days before the production date (paragraph 7 of the current form). A company complies through its proper officer (paragraph 6).

4. 4

   Addressee: produce copies where allowed

   Unless originals are specifically required, copies are enough (paragraph 8). Electronic copies go through the ECMS, or on a USB or other medium only if the Court orders it (paragraph 9A; DCR r 48AD). If you produce several items, give a list if the registrar asks.

5. 5

   Addressee: object at the time of production

   If you object to inspection, notify the Principal Registrar in writing with your grounds when you produce. Disputes about timing or access may be sorted out by correspondence; privilege and scope issues go to the Court (paragraphs 13-16).

6. 6

   Addressee: complete the declaration

   Tick copies only, or originals included (with a return address). Sign, print your name, date it and attach it to the subpoena or copy sent with the documents.

• The issuing party files Form 4C with Form 4E attached through the ECMS (PNC 4.2.2), then serves them personally on the addressee by the last date for service with the $80 payment (RSC O 36B r 4; DCR r 48AH).
• The addressee produces the material with the declaration at least 2 clear days before the production date, by post, delivery or the eCourts Portal 'Upload Requested Items' function.
• Originals are returned after 28 days from the production date unless the Court directs otherwise; copies may be destroyed 4 months after the proceeding ends (PNC 4.9).

• Not complying without lawful excuse is a contempt of court. If the subpoena is too broad or oppressive, you can apply to set it aside or ask for relief rather than ignore it (paragraph 16).
• If your reasonable costs exceed $80, claim in writing from the issuing party first, then through the Principal Registrar (paragraph 17).
• The Court's Word file is the 2013 version, which mentions CD-ROM and DVD and an undertaking paragraph since deleted. The current Form 4E in the rules was amended in 2023 and 2024.