Subpoena Notice and Declaration (Form 22A)

Order 36B r 10 of the Rules of the Supreme Court 1971 (WA) deals with what happens to documents produced under a subpoena. The issuing party must attach a notice and declaration in Form 22A to the front of a subpoena to produce served on the addressee (r 10(3)). The addressee completes the declaration and attaches it to the subpoena or copy that accompanies the documents produced (r 10(4)). The declaration tells the registrar whether the material is all copies, which may be destroyed when no longer needed, or includes originals, which may be returned to the address given (r 10(1), (2) and (5)).

When you need it

• You are the issuing party serving a subpoena to produce (Form 21A) or to give evidence and produce (Form 21B): attach Form 22A to the front.
• You have received a subpoena to produce and are sending documents to the Court: complete the declaration and send it with them.

1. 1

   Issuing party: complete the heading

   Delete General Division or Court of Appeal as appropriate, and enter the proceeding number and parties to match the subpoena.

2. 2

   Addressee: read the notice

   The notice explains that copies may be produced unless the subpoena requires originals, either as photocopies or electronically on a CD-ROM, DVD or USB device in common formats such as Word, PDF, Excel, JPG, RTF, GIF or TIF.

3. 3

   Addressee: tick one option

   Tick that all the material is copies, which the Court may destroy when no longer required, or that some or all is original, and give the address for return.

4. 4

   Addressee: sign, name and date

   Sign the declaration, print your name and date it, then attach it to the subpoena or copy that goes with the documents.

• Form 22A is not filed on its own. The issuing party attaches it to the front of the subpoena when serving the addressee (r 10(3)). Where the production date is not a trial date, the PD 4.3.7.1 cover sheet must also be attached (CPD 4.3.7 par 11).
• The addressee returns it with the documents by attending on the production date or by delivering or posting to the Registry address on the subpoena so they arrive at least 2 clear days before (r 6(4)). Production cannot be made by filing electronically (r 6(5A)).
• Unless the Court orders otherwise, a registrar may return documents to the addressee, or destroy documents declared to be copies, after giving the issuing party at least 14 days' notice (r 10(2) and (5)). Copies that have become exhibits needed in the proceeding are not destroyed (r 10(6)).

• Sending copies rather than originals is usually simpler for the recipient, and copies declared as such need not be returned.
• If you produce more than one document or thing, include a list of them (r 7(3)).
• An addressee may also tell the Registry in writing at the time of production that documents need not be returned and may be destroyed (r 7(5)).