Subpoena to produce documents (Form 4C)

Under rule 48AB(3) of the District Court Rules 2005 a subpoena to produce must be in Form 4C. The issuing party must attach to its front a notice and declaration in Form 4D (personal injuries action, addressed to a health professional, hospital or records manager) or Form 4E (all other cases) (r 48AG(3)), and must pay the addressee $80 for loss or expense of complying unless the Court orders or they agree otherwise (r 48AH). Order 36B of the Rules of the Supreme Court 1971 (WA) otherwise applies. A subpoena to produce generally cannot be issued until a defence is filed, unless the Court gives leave (O 36B r 2(2B)).

When you need it

• You need records held by someone else, such as medical, bank, employment or police records, produced to the Court in your action.
• The defence has been filed, or the Court has given leave.
• If the person must also give oral evidence, issue a separate Form 4A; one District Court subpoena cannot do both (r 48AA).

1. 1

   Complete the heading and addressee

   Enter the action number and parties, then the full name and address of one addressee (O 36B r 3(2)). A company can simply be named, without 'the Proper Officer' (PNC 4.2.6). Confirm first that the addressee holds the records and their service details (PNC 4.2.7).

2. 2

   Leave the issue and service dates

   The issuing officer fixes the last date for service (PNC 4.2.4). Ordinarily it is at least 21 days before the date of production (PNC 4.4.2).

3. 3

   Insert the date of production

   This is the trial date or an earlier date the issuing officer permits; an earlier date is treated as a request for that permission (O 36B r 3(5); PNC 4.2.4). If you need shorter notice, lodge a letter to the Principal Registrar with the addressee's confirmation (PNC 4.2.8).

4. 4

   Check the ways of complying

   The addressee may attend at the Court, deliver or send the material to the registrar at least 2 clear days before production, or, under the current form, upload it through the ECMS. The Court's Word file predates the ECMS option added in 2024, so check the current Form 4C in the rules.

5. 5

   Write the Schedule

   Describe the documents or things precisely, attaching a list if needed. Name parties by name, give a patient's date of birth for medical records, and give the accident date, vehicle registrations and police references for police accident records (PNC 4.2.5).

6. 6

   Add the issuing details and notice

   State the requesting party and their service details, and attach Form 4D or 4E to the front (r 48AG(3)).

• File the proposed subpoena with the Form 4D or 4E through the ECMS (eCourts Portal) at least 14 days before the last date for service (PNC 4.2.2, 4.4.1). The seal appears on the electronic document once issued (PNC 4.4.2).
• Serve a sealed copy personally on the addressee by the last date for service, and pay the $80 when serving (O 36B r 4(1); DCR r 48AH).
• Serve a copy on each other party as soon as practicable after serving the addressee (O 36B r 4(2); PNC 4.4.4).
• If the date changes, give the addressee written notice of the later date, then file and serve a copy (O 36B r 5A; DCR r 48AC).

• The Court will not issue a subpoena to another court. It treats the Coroner's Court, the State Administrative Tribunal and the Chief Assessor of Criminal Injuries Compensation the same way; write to the Principal Registrar for a letter of request instead (PNC 4.3.1).
• Subpoenas to the Commissioner of Police must comply with PNG 6, and those to the ATO are referred to a registrar (PNC 4.3.2).
• To seek a different compliance payment, an issuing party may file an ex parte chamber summons (PNC 4.4.5).