Subpoena - Family Court of Western Australia

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Part 2A summary of the stepsto take when requesting thatthe Court issue a subpoenaSee Parts 1 & 2 of this brochure for detailsComplete the Subpoena (Form 14) to: produce existing documents; give evidence; or do both.Note the limits on what may be requested,when and how many subpoenae may berequested.Make copies of the completed Subpoena.File the Subpoena at the Court, which will‘seal’ it and set a time and place for theobligations in it to be met (court date).Arrange for service of the Subpoena.If subpoena toproducedocumentsonly, noteRule 15.30procedurewhich is setout on page 3opposite.NOTE: You maynot need toappear incourt.All othersubpoenas –attend Courton date andtime specified.STEP 1Completing the SubpoenaObtain a Subpoena (Form 14) from the FamilyCourt’s website at www.familycourt.wa.gov.auor any Registry of the Court. When completingit, keep in mind that:A subpoena must identify the person towhom it is directed by name or bydescription of office or position. If youwish to subpoena an organisation, thesubpoena should be directed to a personauthorised to act on behalf of theorganisation, for example:The Proper OfficerXYZ Pty LtdSome StreetSome Town, NSW 0000A subpoena may be directed to two ormore persons if the subpoena is to giveevidence only or if the subpoenarequires the production of the samedocuments from each person named.A subpoena for production must identifythe specific document or thing to beproduced.A document or thing requested in asubpoena should be properly describedso that the person subpoenaed knowswhat to produce.A subpoena must always require theproduction to the Court of a document orthing which already exists (that is, it cannotrequire a person/organisation to create adocument to comply with the subpoena).A subpoena cannot be written in a waythat requires the person/organisation toform a conclusion as to whether adocument or book is relevant. Forexample, the subpoena could not ask for‘all documents relating to any accountheld by the wife/husband in a false name’.2
Information for the person requesting the Court issue the subpoenaSTEP 2Have the Subpoena ‘issued’by the CourtOnce you have completed the Subpoena, youneed to ‘file’ it with the Court. To do this youneed to:Provide the Court with the original of theSubpoena and at least 2 copies.The Court keeps the original Subpoena. Thefirst copy is ‘sealed’ (stamped) by the Courtand must then be ‘served’ on the person ororganisation being subpoenaed. Thesecond copy is for you.If it is a subpoena for production you willneed enough copies to make sure thatthere is a copy for service on each otherparty (see below under Step 3,‘Additional requirements for a subpoenafor production’).The Court will give you two copies of thebrochure Subpoena – information for namedperson (served with a subpoena).Subpoena for production only –special procedure – Rule 15.30All parties and a child representative (if any)may be automatically permitted to inspectand copy any documents produced under asubpoena without the need to attend thecourt date, only if the following all occur: The subpoena is issued more than 21days before the court date.The named person and all other partiesand the child representative (if any) areserved with:~ the subpoena;~ a written notice that the personrequesting the subpoena intends torely upon Rule 15.30;*at least 21 days before the court date.You file an affidavit of such service, atleast 7 days before the court date.The named person produces thedocuments more than 7 days before thecourt date and does not object to anyparty inspecting or copying thedocuments.No party or child representative (if any)objects to any party inspecting orcopying the documents by 10 daysprior to the court date.If a person objects to the inspection orcopying of the documents that person andthe party issuing the subpoena must attendthe court date for a judicial officer to decidewhether to allow inspection or copying.* YOU MAY USE THE DETACHABLE NOTICE AT THEBACK OF THIS BROCHURE FOR THAT PURPOSE.CONTINUED PAGE 4 >>>>>>>>>>>>>>>>>>>3
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Subpoena - Family Court of Western Australia

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