County Court (Chapters I and Iii Subpoena Amendment) Rules 2023 (Vic)
County Court (Chapters I and III Subpoena Amendment) Rules 2023
S.R. No. 81/2023
table of provisions
Rule Page
Part 1—Preliminary
1Object
2Authorising provisions
3Commencement
4Principal Rules
Part 2—Amendment of Chapter I
5Definitions
6Form of subpoena
7Compliance with subpoena
8Heading to Rule 42.07 amended
9New Rule 42.08A inserted
10Rule 42.09 amended
11Disposal of documents and things produced
12Documents and things in the custody of a court
13Application
14Issuing subpoena
15Form of subpoena
16Rule 42A.05 substituted
17Rule 42A.06 substituted
18Rule 42A.07 substituted and new Rule 42A.07A inserted
19Rule 42A.08 substituted
20Procedure after objection
21Rule 42A.10 substituted
22Rule 42A.11 amended
23Rule 42A.12 amended
24Rule 42A.13 amended
25Form 42A amended
26Forms 42B, 42C and 42AA substituted
Part 3—Amendment of Chapter III
27Definitions
28Subpoenas
29Form 1D amended
30Forms 1E and 1EA substituted
31Form 1I amended
═════════════
Endnotes
statutory rules 2023
S.R. No. 81/2023
County Court Act 1958
County Court (Chapters I and III Subpoena Amendment) Rules 2023
A majority of the Judges of the County Court makes the following Rules:
PART 1—PRELIMINARY
1Object
The object of these Rules is to amend Chapters I and III of the Rules of the County Court—
(a)to provide for electronic processes in relation to subpoenas; and
(b)to make other minor amendments to Forms.
2Authorising provisions
These Rules are made under section 78 of the County Court Act 1958 and all other enabling powers.
3Commencement
These Rules come into operation on 14 August 2023.
4Principal Rules
In these Rules, the County Court Civil Procedure Rules 2018[1] are called the Principal Rules.
PART 2—AMENDMENT OF CHAPTER I
5Definitions
In Rule 1.13(1) of the Principal Rules insert the following definition—
"eCase means the electronic system—
(a)that provides for—
(i)the lodging of documents produced in response to subpoenas;
(ii)the inspection of those documents;
(iii)the lodging of objections to the inspection of those documents; and
(iv)the lodging of objections to the production of documents in response to subpoenas; and
(b)that is in operation in the Court from time to time;".
6Form of subpoena
For Rule 42.03(4) of the Principal Rules substitute—
"(4)A subpoena to produce shall—
(a)identify the document or thing to be produced;
(b)for a document, specify—
(i)the date and time for production; and
(ii)that the document is to be produced by lodging an electronic copy in eCase; and
(c)for a thing, specify the date, time and place for production.
Note
A document, a copy of a document or a thing in place of a document may be physically produced if leave is granted by the Registrar or the Court. See Rule 42.06(3B) and (3C).".
7Compliance with subpoena
(1)After Rule 42.06(3) of the Principal Rules insert—
"(3A)Subject to paragraphs (3B) and (3C), the addressee shall comply with a subpoena to produce for a document by electronically lodging a copy of the subpoena and a copy of the document in eCase before or at the date and time specified for production.
(3B)Despite paragraph (3A), the Registrar or the Court may grant leave to the addressee to physically produce the subpoena or a copy of it and—
(a)the document;
(b)a copy of the document; or
(c)a thing in place of the document.
(3C)If leave is granted under paragraph (3B), the addressee shall produce the subpoena and the document or thing in accordance with paragraph (4), subject to the terms of the leave that has been granted, instead of in accordance with paragraph (3A).".
(2)In Rule 42.06(4) of the Principal Rules, after "subpoena to produce" insert "a thing, or if leave is granted under paragraph (3B), a document or thing".
(3)In Rule 42.06(5) of the Principal Rules, for "by paragraph (4)" substitute "by or under paragraphs (3A), (3B), (3C) and (4)".
(4)After Rule 42.06(5) of the Principal Rules insert—
"(5A)A copy of a subpoena and a copy of a document to be lodged in eCase must be in an electronic format specified in the practice note concerning eCase.".
(5)Rule 42.06(6) and (7) of the Principal Rules are revoked.
8Heading to Rule 42.07 amended
In the heading to Rule 42.07 of the Principal Rules, for "otherwise than upon attendance" substitute "by delivering or sending".
9New Rule 42.08A inserted
After Rule 42.08 of the Principal Rules insert—
42.08AInspection of, and dealing with, documents produced in eCase"
(1)This Rule applies if an addressee produces a copy of a document in accordance with Rule 42.06(3A).
(2)Subject to this Rule, no person may inspect the document unless the Court has granted leave and the inspection is in accordance with that leave.
(3)Unless the Court otherwise orders, the Registrar may permit the parties to inspect any document produced unless the addressee, a party or any person having sufficient interest objects to the inspection under this Rule.
(4)If the addressee objects to a document being inspected by any party to the proceeding, the addressee shall, at the time of production, give notice in eCase of the objection and of the grounds of the objection.
(5)If a party or a person having a sufficient interest objects to a document being inspected by a party to the proceeding, the objector may—
(a)give notice in eCase of the objection and of the grounds of the objection; or
(b)notify the Registrar in writing of the objection and of the grounds of the objection.
(6)On receiving notice of an objection under paragraph (5)(b), the Registrar shall enter the objection in eCase.
(7)If an objection has been made under paragraph (4) or (5), the Registrar—
(a)shall not permit any, or any further, inspection of the document the subject of the objection; and
(b)shall refer the objection to the Court for hearing and determination.
(8)The Registrar shall notify the issuing party of the objection and of the date, time and place at which the objection will be heard, and the issuing party shall notify the addressee, the objector and each other party accordingly.".
10Rule 42.09 amended
(1)In the heading to Rule 42.09 of the Principal Rules, for "otherwise than on attendance" substitute "by delivering or sending".
(2)For Rule 42.09(5) and (6) of the Principal Rules substitute—
"(5)If the addressee objects to a document or thing being inspected by any party to the proceeding, the addressee shall, at the time of production—
(a)give notice in eCase of the objection and of the grounds of the objection; or
(b)notify the Registrar in writing of the objection and of the grounds of the objection.
(6)If a party or person having a sufficient interest objects to a document or thing being inspected by a party to the proceeding, the objector may—
(a)give notice in eCase of the objection and of the grounds of the objection; or
(b)notify the Registrar in writing of the objection and of the grounds of the objection.
(6A)On receiving a notice of an objection under paragraph (5)(b) or (6)(b), the Registrar shall enter the objection in eCase.".
11Disposal of documents and things produced
(1)In Rule 42.10(1) of the Principal Rules, after "document or thing" insert "physically".
(2)In Rule 42.10(3) of the Principal Rules, after "the subpoena" insert "if the documents are physically produced under Rule 42.06(3B)".
(3)In Rule 42.10(4) of the Principal Rules, after "the documents" insert "physically".
(4)For Rule 42.10(5) and (6) of the Principal Rules substitute—
"(5)Subject to paragraph (6), after the expiry of four months from the conclusion of the proceeding, the Registrar may cause to be destroyed all—
(a)the electronic copies of documents produced in the proceeding in compliance with a subpoena; or
(b)the documents physically produced in the proceeding in response to a subpoena and which were declared by the addressee to be copies.
(6)The Registrar may cause to be destroyed the electronic copies and documents referred to in paragraph (5) which have become exhibits in the proceeding when they are no longer required in connection with the proceeding, including on any appeal.".
12Documents and things in the custody of a court
(1)For Rule 42.13(2) of the Principal Rules substitute—
"(2)If the document or thing is in the custody of the Court, the Registrar shall produce the document or thing—
(a)as the Court directs; or
(b)if the Court does not give a direction—
(i)by lodging an electronic copy of the document in eCase; or
(ii)in Court or to any person authorised to take evidence in the proceeding, as required by the party.".
(2)For Rule 42.13(3)(b) of the Principal Rules substitute—
"(b)after receiving it, produce the document or thing—
(i)as the Court directs; or
(ii)if the Court does not give a direction—
(A)by lodging an electronic copy of the document in eCase; or
(B)in Court or to any person authorised to take evidence in the proceeding, as required by the party.".
13Application
In Rule 42A.01 of the Principal Rules, after "document" insert "or thing".
14Issuing subpoena
In Rule 42A.02 of the Principal Rules, after "document" insert "or thing".
15Form of subpoena
At the end of Rule 42A.03 of the Principal Rules insert—
"(2)A subpoena under this Order shall—
(a)identify the document or thing to be produced;
(b)for a document, specify—
(i)the date and time for production; and
(ii)that the document is to be produced by lodging an electronic copy in eCase; and
(c)for a thing, specify the date, time and place for production.
Note
A document, a copy of a document or a thing in place of a document may be physically produced if leave is granted by the Registrar or the Court. See Rule 42A.05(2) and (3).".
16Rule 42A.05 substituted
For Rule 42A.05 of the Principal Rules substitute—
"42A.05 Compliance with subpoena
(1)Subject to paragraphs (2) and (3), the addressee shall comply with a subpoena for a document under this Order by electronically lodging a copy of the document in eCase on or before the day specified in the subpoena.
(2)Despite paragraph (1), the Registrar or the Court may grant leave to the addressee to physically produce—
(a)the document;
(b)a copy of the document; or
(c)a thing in place of the document.
(3)If the Registrar or the Court has granted leave for physical production, the addressee shall produce the document or thing in accordance with paragraph (4), subject to the terms of leave that has been granted, instead of in accordance with paragraph (1).
(4)The addressee shall comply with a subpoena under this Order for a thing, or if leave is granted under paragraph (3), a document or thing—
(a)by producing the document or thing to the Registrar by delivering or sending it; and
(b)if sent, the document or thing shall be sent so that the Registrar receives it on or before the day specified in the subpoena.
(5)A copy of a document to be lodged in eCase must be in an electronic format specified in the practice note concerning eCase.".
17Rule 42A.06 substituted
For Rule 42A.06 of the Principal Rules substitute—
42A.06Receipt for document or thing"
If a document or thing is physically produced in response to a subpoena under this Order the Registrar shall, if requested to do so, give a receipt to the person producing the document or thing.".
18Rule 42A.07 substituted and new Rule 42A.07A inserted
For Rule 42A.07 of the Principal Rules substitute—
42A.07Objection by addressee"
(1)If the addressee has any objection to producing a document or thing identified in the subpoena or to its being inspected or copied by any one or more of the parties to the proceeding, the addressee shall give notice of the objection and of the grounds of the objection before the day specified in the subpoena.
(2)Notice under paragraph (1) for any objection to producing a document or thing shall be given—
(a)if the document or thing is being produced under Rule 42A.05(1), (2) or (3), in eCase; or
(b)if the thing is being produced under Rule 42A.05(4) without a grant of leave under Rule 42A.05(2), in writing to the Registrar.
(3)Notice under paragraph (1) for any objection to inspection shall be given—
(a)in eCase; or
(b)if the document or thing is to be physically produced, in writing to the Registrar.
42A.07AObjection by person having sufficient interest
If a person having a sufficient interest, other than a party, has any objection to the production of a document or thing identified in the subpoena or to its being inspected or copied by any one or more of the parties to the proceeding, that person shall notify the Registrar in writing of the objection and of the grounds of the objection before the day specified in the subpoena.".
19Rule 42A.08 substituted
For Rule 42A.08 of the Principal Rules substitute—
"42A.08 Objection by party to inspection by other party
(1)Subject to paragraph (3), if a party has any objection to the inspection or copying by another party of a document or thing identified in the subpoena, the party having the objection shall give notice of that objection and of the grounds of that objection before the day specified in the subpoena—
(a)if the document or thing is being produced under Rule 42A.05(1), (2) or (3), in eCase; or
(b)if the thing is being produced under Rule 42A.05(4) without a grant of leave under Rule 42A.05(2), in writing to the Registrar.
(2)If a party other than the plaintiff seeks by subpoena the production of any hospital or medical file or record concerning the plaintiff or the plaintiff's condition, the plaintiff may, before taking objection under paragraph (1), inspect and take copies of the file or record produced.
(3)After inspecting the file or record under paragraph (2), the plaintiff may give notice under paragraph (1) of any objection the plaintiff has to inspection or copying by any other party, provided that the plaintiff—
(a)makes that inspection or takes those copies; and
(b)gives notice of that objection and of the grounds of that objection within 14 days after the day specified in the subpoena for production of the file or record.".
20Procedure after objection
For Rule 42A.09(1) of the Principal Rules substitute—
"(1)If notice of an objection is given under Rule 42A.07, 42A.07A or 42A.08, the Registrar shall refer the objection to the Court for hearing and determination.".
21Rule 42A.10 substituted
For Rule 42A.10 of the Principal Rules substitute—
42A.10Inspection of document or thing produced"
(1)This Rule applies—
(a)if no objection is notified under Rule 42A.07, 42A.07A or 42A.08 or to the extent that any such objection is disallowed; and
(b)subject to any order of the Court.
(2)Subject to paragraph (3), each party may inspect and take copies of a document or thing produced in response to a subpoena under this Order.
(3)Inspection and taking of copies of a physical document or a thing is to be by appointment with the Registrar.".
22Rule 42A.11 amended
(1)In the heading to Rule 42A.11 of the Principal Rules, after "document" insert "or thing".
(2)In Rule 42A.11(1) of the Principal Rules, for "produced in compliance with" substitute "or thing physically produced in response to".
(3)In Rule 42A.11(2) of the Principal Rules, after "document" (wherever occurring) insert "or thing".
23Rule 42A.12 amended
(1)In the heading to Rule 42A.12 of the Principal Rules, after "document" insert "or thing".
(2)In Rule 42A.12(1) of the Principal Rules—
(a)in subparagraph (a), for "produced to the Registrar in compliance with" substitute "or thing physically produced to the Registrar in response to";
(b)in subparagraphs (b) and (c), after "document" insert "or thing";
(c)in subparagraph (c), for "compliance with" substitute "response to".
(3)In Rule 42A.12(2) and (3) of the Principal Rules, after "document" (wherever occurring) insert "or thing".
(4)In Rule 42A.12(3A) of the Principal Rules, after "the subpoena" insert "if the documents are physically produced under Rule 42A.05(2)".
(5)In Rule 42A.12(3B) of the Principal Rules, after "the documents" insert "physically".
(6)For Rule 42A.12(4) and (5) of the Principal Rules substitute—
"(4)Subject to paragraph (5), after the expiry of four months from the conclusion of the proceeding, the Registrar may cause to be destroyed all—
(a)the electronic copies of documents produced in compliance with a subpoena; or
(b)the documents physically produced in response to a subpoena and which were declared by the addressee to be copies.
(5)The Registrar may cause to be destroyed the electronic copies and documents referred to in paragraph (4) which have become exhibits in the proceeding when they are no longer required in connection with the proceeding, including on any appeal.".
24Rule 42A.13 amended
(1)In the heading to Rule 42A.13 of the Principal Rules, after "document" insert "or thing".
(2)In Rule 42A.13 of the Principal Rules, for "produced to the Registrar in compliance with" substitute "or thing physically produced to the Registrar in response to".
25Form 42A amended
In Form 42A of the Principal Rules omit—
"Issued at the request of [name of party], whose address for service is:
Place:
Email:".
26Forms 42B, 42C and 42AA substituted
For Forms 42B, 42C and 42AA of the Principal Rules substitute—
'Form 42B—Subpoena to produce
Rule 42.03(1)(b)
[heading as in originating process]
SUBPOENA TO PRODUCE
To [name]
of [address]:
YOU ARE ORDERED to produce this subpoena or a copy of it and the documents or things specified in the Schedule of documents or things: see below for details.
Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest.
You should read all of the Notes set out in this subpoena. If leave is granted for physical production of the documents under Rule 42.06(3B) of Chapter I of the Rules of the County Court, you must also complete the Declaration by Addressee (Subpoena Recipient) set out at the end of this subpoena.
The last day for service of this subpoena is: [date]. (See Note 1)
Date of issue:
[Seal of the Court]
Details of subpoena
When producing a document, you must comply with this subpoena by lodging a copy of this subpoena and electronic copies of the documents specified in the Schedule of documents or things in eCase (ecase.countycourt.vic.gov.au) before or at the date and time specified for production.
Date and time at which to produce a copy of the subpoena and electronic copies of the documents unless:
(a)you receive notice of a later date or time from the issuing party, in which case, the later date or time is substituted; or
(b)leave is granted for physical production under Rule 42.06(3B) of Chapter I of the Rules of the County Court:
[Fill in if the Schedule of documents or things specifies a document for production]
Date:
Time:
If leave is granted for physical production of a document under Rule 42.06(3B) of Chapter I of the Rules of the County Court, you must produce the document, a copy of the document or a thing in place of the document, as required below, subject to the terms of the leave that has been granted.
When producing a thing, or a document or thing following a grant of leave under Rule 42.06(3B) of Chapter I of the Rules of the County Court, you must comply with this subpoena:
(a)by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule of documents or things below at the date, time and place specified for attendance and production; or
(b)by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule of documents or things below to the Registrar at the address below, or if there is more than one address below, at any one of those addresses, so that they are received not less than two clear business days before the date specified for attendance and production. (See Notes 5 and 6)
Date, time and place at which to attend to produce the subpoena or a copy of it and the documents or things unless you receive notice of a later date or time from the issuing party, in which case, the later date or time is substituted:
[Fill in if the Schedule of documents or things specifies a thing for production, or if leave is granted under Rule 42.06(3B) of Chapter I of the Rules of the County Court]
Date:
Time:
Place:
Address, or any address, to which the subpoena (or copy) and documents or things may be delivered or sent:
The Registrar
[County Court of Victoria
250 William Street
Melbourne]
SCHEDULE OF DOCUMENTS OR THINGS
The documents and things you must produce are as follows:
[List the documents or things. Attach list if insufficient space.]
NOTES
Last day for service
1.You need not comply with the subpoena unless it is served on you on or before the date specified in the subpoena as the last date for service of the subpoena.
Informal service
2.Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.
Addressee a corporation
3.If the subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.
Leave to comply with subpoena for a document by physical production
4.Rule 42.06(3B) of Chapter I of the Rules of the County Court provides for the Registrar or the Court to grant leave to an addressee to comply with a subpoena for a document by physical production of the documents or things instead of electronic production.
Production of subpoena or copy of it and documents or things by delivery or post
5.Instead of attending to produce this subpoena (or a copy of it) and the things required to be produced, you may comply with the subpoena by delivering or sending the subpoena (or a copy of it) and the things to the Registrar—
(a)at the address specified in the subpoena for the purpose; or
(b)if more than one address is specified, at any of those addresses—
so that they are received not less than two clear business days before the date specified in the subpoena for attendance and production or if you receive notice of a later date or time from the issuing party, before the later date or time.
6.If leave has been granted under Rule 42.06(3B) of Chapter I of the Rules of the County Court, Note 5 also applies to production of the document or thing, subject to the terms of the leave that has been granted.
Objections and inspections
7.If you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding, you must, at the time of production—
(a)for production of a document in eCase, give notice in eCase of your objection and of the grounds of your objection; or
(b)for production of a document or thing in accordance with Rule 42.06(4)(b) of Chapter I of the Rules of the County Court, give notice in eCase or in writing to the Registrar of your objection and of the grounds of your objection.
8.Unless the Court otherwise orders, if you do not object to a document or thing produced by you in response to the subpoena being inspected by any party to the proceeding, the Registrar may permit the parties to the proceeding to inspect the document or thing.
Physical production of a number of documents or things
9.If you physically produce more than one document or thing, you must, if requested by the Registrar, produce a list of the documents or things produced.
Permissible formats for electronic production
10.Electronic copies of documents to be lodged in eCase must be in an electronic format specified in the practice note concerning eCase.
Applications in relation to subpoena
11.You have the right to apply to the Court—
(a)for an order setting aside the subpoena (or a part of it) or for relief in respect of the subpoena;
(b)for an order with respect to any claim you may have for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of the subpoena; and
(c)for leave to comply with the subpoena by physical production of the documents or things instead of electronic production of documents in eCase.
Loss or expense of compliance
12.If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount in respect of any loss or expense, including any legal costs, reasonably incurred in complying with the subpoena.
Contempt of court—arrest
13.Failure to comply with a subpoena without lawful excuse is a contempt of court and may be dealt with accordingly.
14.Note 13 is without prejudice to any power of the Court under any Rules of the County Court (including any Rules of the County Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.
DECLARATION BY ADDRESSEE (SUBPOENA RECIPIENT)
You must complete the declaration below if leave is granted for physical production of the documents under Rule 42.06(3B) of Chapter I of the Rules of the County Court. The completed declaration must be included in the subpoena or in the copy of the subpoena when you produce it with the documents required by the subpoena.
If you declare that the material you produce is copies of documents, the Registrar may, without further notice to you, destroy the copies after the expiry of four months from the conclusion of the proceeding or, if the documents become exhibits in the proceeding, when they are no longer required in connection with the proceeding, including on any appeal.
If you declare that the material you produce is or includes any original document, the Court will return all of the material to you at the address specified by you in the Declaration below.
[tick the relevant option below, provide your address as appropriate,
sign and date]
£All copied documents
All of the material I am providing in response to this subpoena is copies of documents. I acknowledge that the Court will destroy the copies once they are no longer required, without further notice to me.£Some original documents
Some or all of the material I am providing in response to this subpoena is an original document. Once the material is no longer required, all of the material should be returned to me at the following address—
[insert address for return of material].
Date:
[signature of addressee]
[name of addressee]
Form 42C—Subpoena both to attend to give evidence and to produce
Rule 42.03(1)(c)
[heading as in originating process]
SUBPOENA BOTH TO ATTEND TO GIVE EVIDENCE
AND TO PRODUCE
To [name]
of [address]:
YOU ARE ORDERED both to attend to give evidence and to produce this subpoena or a copy of it and the documents or things specified in the Schedule of documents or things: see below for details.
Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest.
You should read all of the Notes set out in this subpoena. If leave is granted for physical production of the documents under Rule 42.06(3B) of Chapter I of the Rules of the County Court, you must also complete the Declaration by Addressee (Subpoena Recipient) set out at the end of this subpoena.
The last day for service of this subpoena is: [date]. (See Note 1)
Date of issue:
[Seal of the Court]
Details of subpoena
In so far as you are required by this subpoena to attend to give evidence, you must attend as follows, unless you receive notice of a later date or time from the issuing party, in which case, the later date or time is substituted:
Date:
Time:
Place:
You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed.
In so far as you are required by this subpoena to produce a copy of the subpoena and a document, you must comply with this subpoena by lodging a copy of this subpoena and electronic copies of the documents specified in the Schedule of documents or things in eCase (ecase.countycourt.vic.gov.au) before or at the date and time specified for production.
Date and time at which to produce a copy of the subpoena and electronic copies of the documents unless:
(a)you receive notice of a later date or time from the issuing party, in which case, the later date or time is substituted; or
(b)leave is granted for physical production under Rule 42.06(3B) of Chapter I of the Rules of the County Court:
[Fill in if the Schedule of documents or things specifies a document for production]
Date:
Time:
If leave is granted for physical production of a document under Rule 42.06(3B) of Chapter I of the Rules of the County Court, you must produce the document, a copy of the document or a thing in place of the document, as required below, subject to the terms of the leave that has been granted.
In so far as you are required by this subpoena to produce the subpoena or a copy of it and a thing, or a document or a thing following a grant of leave under Rule 42.06(3B) of Chapter I of the Rules of the County Court, you must comply with this subpoena:
(a)by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule of documents or things below at the date, time and place specified for attendance and production; or
(b)by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule of documents or things below to the Registrar at the address below, or if there is more than one address below, at any one of those addresses, so that they are received not less than two clear business days before the date specified for attendance and production. (See Notes 6 and 7)
Date, time and place at which to attend to produce the subpoena or a copy of it and the documents or things unless you receive notice of a later date or time from the issuing party, in which case, the later date or time is substituted:
[Fill in if the Schedule of documents or things specifies a thing for production, or if leave is granted under Rule 42.06(3B) of Chapter I of the Rules of the County Court]
Date:
Time:
Place:
Address, or any address, to which the subpoena (or copy) and documents or things may be delivered or sent:
The Registrar
[County Court of Victoria
250 William Street
Melbourne]
SCHEDULE OF DOCUMENTS OR THINGS
The documents and things you must produce are as follows:
[List the documents or things. Attach list if insufficient space.]
NOTES
Last day for service
1.You need not comply with the subpoena unless it is served on you on or before the date specified in the subpoena as the last date for service of the subpoena.
Informal service
2.Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.
Addressee a corporation
3.If the subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.
Conduct money
4.You need not comply with the requirements of the subpoena unless a sum of money or its equivalent (such as pre-paid travel) sufficient to meet your reasonable expenses of attending as required by the subpoena and returning after so attending is provided or tendered to you a reasonable time before the day on which your attendance is required.
Leave to comply with subpoena by physical production
5.In so far as this subpoena requires production of a copy of the subpoena and documents, Rule 42.06(3B) of Chapter I of the Rules of the County Court provides for the Registrar or the Court to grant leave to an addressee to comply with the subpoena by physical production of the documents or things instead of electronic production.
Production of subpoena or copy of it and documents or things by delivery or post
6.In so far as this subpoena requires production of the subpoena (or a copy of it) and things, instead of attending to produce this subpoena (or a copy of it) and the things, you may comply with the subpoena by delivering or sending the subpoena (or a copy of it) and the things to the Registrar—
(a)at the address specified in the subpoena for the purpose; or
(b)if more than one address is specified, at any of those addresses—
so that they are received not less than two clear business days before the date specified in the subpoena for attendance and production or if you receive notice of a later date or time from the issuing party, before the later date or time.
7.If leave has been granted under Rule 42.06(3B) of Chapter I of the Rules of the County Court, Note 6 also applies to production of the document or thing, subject to the terms of the leave that has been granted.
Objections and inspections
8.If you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding, you must, at the time of production—
(a)for production of a document in eCase, give notice in eCase of your objection and of the grounds of your objection; or
(b)for production of a document or thing in accordance with Rule 42.06(4)(b) of Chapter I of the Rules of the County Court, give notice in eCase or in writing to the Registrar of your objection and of the grounds of your objection.
9.Unless the Court otherwise orders, if you do not object to a document or thing produced by you in response to the subpoena being inspected by any party to the proceeding, the Registrar may permit the parties to the proceeding to inspect the document or thing.
Physical production of a number of documents or things
10.If you physically produce more than one document or thing, you must, if requested by the Registrar, produce a list of the documents or things produced.
Permissible formats for electronic production
11.Electronic copies of documents to be lodged in eCase must be in an electronic format specified in the practice note concerning eCase.
Applications in relation to subpoena
12.You have the right to apply to the Court—
(a)for an order setting aside the subpoena (or a part of it) or for relief in respect of the subpoena;
(b)for an order with respect to any claim you may have for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of the subpoena; and
(c)for leave to comply with the subpoena by physical production of the documents or things instead of electronic production of documents in eCase.
Loss or expense of compliance
13.If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount (in addition to conduct money and any witness's expenses) in respect of any loss or expense, including any legal costs, reasonably incurred in complying with the subpoena.
Contempt of court—arrest
14.Failure to comply with a subpoena without lawful excuse is a contempt of court and may be dealt with accordingly.
15.Note 14 is without prejudice to any power of the Court under any Rules of the County Court (including any Rules of the County Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.
DECLARATION BY ADDRESSEE (SUBPOENA RECIPIENT)
You must complete the declaration below if leave is granted for physical production of the documents under Rule 42.06(3B) of Chapter I of the Rules of the County Court. The completed declaration must be included in the subpoena or in the copy of the subpoena when you produce it with the documents required by the subpoena.
If you declare that the material you produce is copies of documents, the Registrar may, without further notice to you, destroy the copies after the expiry of four months from the conclusion of the proceeding or, if the documents become exhibits in the proceeding, when they are no longer required in connection with the proceeding, including on any appeal.
If you declare that the material you produce is or includes any original document, the Court will return all of the material to you at the address specified by you in the Declaration below.
[tick the relevant option below, provide your address as appropriate,
sign and date]
£All copied documents
All of the material I am providing in response to this subpoena is copies of documents. I acknowledge that the Court will destroy the copies once they are no longer required, without further notice to me.£Some original documents
Some or all of the material I am providing in response to this subpoena is an original document. Once the material is no longer required, all of the material should be returned to me at the following address—
[insert address for return of material].
Date:
[signature of addressee]
[name of addressee]
Form 42AA—Subpoena for production to registrar
Rule 42A.03(1)
[heading as in originating process]
SUBPOENA FOR PRODUCTION TO REGISTRAR
To [name]
of [address]:
YOU ARE ORDERED to produce to the Registrar this subpoena or a copy of it and the documents or things specified in the Schedule of documents or things: see below for details.
Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest.
You should read all of the Notes set out in this subpoena. If leave is granted for physical production of the documents under Rule 42A.05(2) of Chapter I of the Rules of the County Court, you must also complete the Declaration by Addressee (Subpoena Recipient) set out at the end of this subpoena.
The last day for service of this subpoena is: [date]. (See Note 1)
Date of issue:
[Seal of the Court]
Details of subpoena
When producing a document, you must comply with this subpoena by lodging a copy of this subpoena and electronic copies of the documents specified in the Schedule of documents or things in eCase (ecase.countycourt.vic.gov.au) before or on the date specified for production.
Date by which to produce a copy of the subpoena and electronic copies of the documents unless:
(a)you receive notice of a later date from the issuing party, in which case, the later date is substituted; or
(b)leave is granted for physical production under Rule 42A.05(2) of Chapter I of the Rules of the County Court:
[Fill in if the Schedule of documents or things specifies a document for production]
Date:
If leave is granted for physical production of a document under Rule 42A.05(2) of Chapter I of the Rules of the County Court, you must produce the document, a copy of the document or a thing in place of the document, as required below, subject to the terms of the leave that has been granted.
When producing a thing, or a document or thing following a grant of leave under Rule 42A.05(2) of Chapter I of the Rules of the County Court, you must comply with this subpoena by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule of documents or things below to the Registrar at the address below so that they are received on or before the date for production specified below:
[Fill in if the Schedule of documents or things specifies a thing for production, or if leave is granted under Rule 42A.05(2) of Chapter I of the Rules of the County Court]
Date for production:
The address of the Registrar to which the subpoena (or copy) and documents or things must be delivered or sent is:
The Registrar
[County Court of Victoria
250 William Street
Melbourne]
SCHEDULE OF DOCUMENTS OR THINGS
The documents and things you must produce are as follows:
[List the documents or things. Attach list if insufficient space.]
NOTES
Last day for service
1.You need not comply with the subpoena unless it is served on you on or before the date specified in the subpoena as the last date for service of the subpoena.
Informal service
2.Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.
Addressee a corporation
3.If the subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.
Question concerning subpoena
4.Any question concerning this subpoena should be directed not to the Court but to the solicitor for the party at whose request the subpoena was issued.
Availability of documents and things for inspection and at trial
5.All documents and things produced in compliance with this subpoena will be available, unless earlier returned, at the trial of the proceeding and, subject to the following Notes, may be inspected or copied in the meantime by each party to the proceeding and each party's solicitor, and copies taken.
Objection by addressee to production or inspection
6.If you are required by this subpoena to produce documents or things, and you object to producing the documents or things, you must, before the day specified in the subpoena—
(a)for production of a document in eCase or physical production of a document or thing following a grant of leave under Rule 42A.05(2) of Chapter I of the Rules of the County Court, give notice in eCase of your objection and of the grounds of your objection; or
(b)for production of a thing without a grant of leave under Rule 42A.05(2) of Chapter I of the Rules of the County Court, give notice in writing to the Registrar of your objection and of the grounds of your objection.
7.If you are the person required by this subpoena to produce documents or things, and you object to the documents or things being inspected or copied by any one or more of the parties to the proceeding, you must give notice—
(a)in eCase, or
(b)if the document or thing is to be physically produced, in writing to the Registrar—
of your objection and of the grounds of your objection before the day specified in the subpoena for the production of the documents or things.
8.The party at whose request this subpoena is issued is required to inform you of the time and place when your objection will be heard by the Court.
Objection by party served with subpoena to inspection
9.If you are a party to the proceeding and have been served with a copy of this subpoena, and you object to the documents or things being inspected or copied by another party to the proceeding, you must, before the day specified in the subpoena—
(a)for production of a document in eCase or physical production of a document or thing following a grant of leave under Rule 42A.05(2) of Chapter I of the Rules of the County Court, give notice in eCase of your objection and of the grounds of your objection; or
(b)for production of a thing without a grant of leave under Rule 42A.05(2) of Chapter I of the Rules of the County Court, give notice in writing to the Registrar of your objection and of the grounds of your objection.
10.The party at whose request this subpoena is issued is required to inform you of the time and place when your objection will be heard by the Court.
Objection by plaintiff to production of hospital or medical file or record
11.If you are the plaintiff in this proceeding and this subpoena seeks from another person the production of a hospital or medical file or record concerning you or your condition, you may, before taking objection, inspect or copy the file or record produced. After inspecting, you may notify any objection you have to inspection or copying of that file or record by any other party, provided that you make your inspection or copying and notify your objection and the grounds of that objection, if any, within 14 days after the day specified in the subpoena for production.
Obligation of issuing party after objection
12.If you are the party at whose request the subpoena was issued and any objection is taken, either to the production of the documents or things or to their being inspected or copied, you will be informed by the Registrar of the objection and of the time and place when the objection will be heard. You are required promptly to inform the addressee in the subpoena and all other parties to the proceeding accordingly so that they may be heard, if they wish, before the objection is determined.
Removal of document or thing
13.Documents or things physically produced in compliance with this subpoena may not be removed from the custody of the Registrar, even for the purpose of their being photocopied, except upon application in writing signed by a solicitor for a party. Rule 42A.11(2) of Chapter I of the Rules of the County Court is then relevant—
"(2)A solicitor who signs an application under paragraph (1) and removes a document or thing from the office of the Registrar, undertakes to the Court by force of this Rule that—
(a) the document or thing will be kept in the personal custody of the solicitor or a barrister briefed by the solicitor in the proceeding; and
(b) the document or thing will be returned to the office of the Registrar in the same condition, order and packaging in which it was removed, as and when directed by the Registrar.".
A breach of this undertaking may be dealt with as a contempt of court.
Physical production of a number of documents or things
14.If you physically produce more than one document or thing, you must, if requested by the Registrar, produce a list of the documents or things produced.
Permissible formats for electronic production
15.Electronic copies of documents to be lodged in eCase must be in an electronic format specified in the practice note concerning eCase.
Applications in relation to subpoena
16.You have the right to apply to the Court—
(a)for an order setting aside the subpoena (or a part of it) or for relief in respect of the subpoena;
(b)for an order with respect to any claim you may have for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of the subpoena; and
(c)for leave to comply with the subpoena by physical production of the documents or things instead of electronic production of documents in eCase.
Loss or expense of compliance
17.If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount in respect of any loss or expense, including any legal costs, reasonably incurred in complying with the subpoena.
Contempt of court—arrest
18.Failure to comply with a subpoena without lawful excuse is a contempt of court and may be dealt with accordingly.
19.Note 18 is without prejudice to any power of the Court under any Rules of the County Court (including any Rules of the County Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.
DECLARATION BY ADDRESSEE (SUBPOENA RECIPIENT)
You must complete the declaration below if leave is granted for physical production of the documents under Rule 42A.05(2) of Chapter I of the Rules of the County Court. The completed declaration must be included in the subpoena or in the copy of the subpoena when you produce it with the documents required by the subpoena.
If you declare that the material you produce is copies of documents, the Registrar may, without further notice to you, destroy the copies after the expiry of four months from the conclusion of the proceeding or, if the documents become exhibits in the proceeding, when they are no longer required in connection with the proceeding, including on any appeal.
If you declare that the material you produce is or includes any original document, the Court will return all of the material to you at the address specified by you in the Declaration below.
[tick the relevant option below, provide your address as appropriate,
sign and date]
£All copied documents
All of the material I am providing in response to this subpoena is copies of documents. I acknowledge that the Court will destroy the copies once they are no longer required, without further notice to me.£Some original documents
Some or all of the material I am providing in response to this subpoena is an original document. Once the material is no longer required, all of the material should be returned to me at the following address—
[insert address for return of material].
Date:
[signature of addressee]
[name of addressee]'.
PART 3—AMENDMENT OF CHAPTER III
27Definitions
In Rule 1.05 of the County Court Criminal Procedure Rules 2019[2] insert the following definition—
"eCase has the same meaning as in Rule 1.13(1) of Chapter I;".
28Subpoenas
(1)In Rule 1.09(2) of the County Court Criminal Procedure Rules 2019, after "documents" insert "and things".
(2)In Rule 1.09(4) of the County Court Criminal Procedure Rules 2019, after "the subpoena" insert "if leave is granted by the Court or Registrar for physical production of the documents".
(3)In Rule 1.09(5) of the County Court Criminal Procedure Rules 2019, after "the documents" insert "physically".
(4)For Rule 1.09(6) and (7) of the County Court Criminal Procedure Rules 2019 substitute—
"(6)Subject to paragraph (7), the Registrar may, upon the expiry of four months from the conclusion of a proceeding, cause to be destroyed all—
(a)the electronic copies of documents produced in compliance with a subpoena; or
(b)the documents physically produced in response to a subpoena and which were declared by the addressee to be copies.
(7)The Registrar may cause to be destroyed the electronic copies and documents referred to in paragraph (6) which have become exhibits in the proceeding when they are no longer required in connection with the proceeding, including on any appeal.".
29Form 1D amended
In Form 1D of the County Court Criminal Procedure Rules 2019 omit—
"Issued at the request of [name of party], whose address for service is:
Place:
Email:".
30Forms 1E and 1EA substituted
For Forms 1E and 1EA of the County Court Criminal Procedure Rules 2019 substitute—
"Form 1E—Subpoena to produce
Rule 1.09(1A)(b)
IN THE COUNTY COURT CASE No.:
OF VICTORIA
AT
IN THE MATTER OF:
SUBPOENA TO PRODUCE
Date of document: | Solicitor code: |
Filed on behalf of: | Telephone: |
Prepared by: | Ref: |
To [name]
of [address]:
YOU ARE ORDERED to produce this subpoena or a copy of it and the documents or things specified in the Schedule of documents or things: see below for details.
Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest.
You should read all of the Notes set out in this subpoena. If leave is granted for physical production of the documents, you must also complete the declaration by addressee (subpoena recipient) set out at the end of this subpoena.
The last day for service of this subpoena is: [date]. (See Note 1)
Date of issue:
[seal of the Court]
Details of subpoena
When producing a document, you must comply with this subpoena by lodging a copy of this subpoena and electronic copies of the documents or things specified in the Schedule of documents or things in eCase (ecase.countycourt.vic.gov.au) before or at the date and time specified for production.
Date and time at which to produce a copy of the subpoena and electronic copies of the documents unless:
(a)you receive notice of a later date or time from the issuing party, in which case, the later date or time is substituted; or
(b)leave is granted for physical production of a document or thing instead of electronic production of the document:
[Fill in if the Schedule of documents or things specifies a document for production]
Date:
Time:
If leave is granted for physical production of a document, you must produce the document, a copy of the document or a thing in place of the document, as required below, subject to the terms of the leave that has been granted.
When producing a thing, or a document or thing following a grant of leave for physical production, you must comply with this subpoena:
(a)by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule of documents or things below at the date, time and place specified for attendance and production; or
(b)by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule of documents or things below to the Registrar at the address below, or if there is more than one address below, at any one of those addresses, so that they are received not less than two clear business days before the date specified for attendance and production. (See Notes 5 and 6)
Date, time and place at which to attend to produce the subpoena or a copy of it and the documents or things unless you receive notice of a later date or time from the issuing party, in which case, the later date or time is substituted:
[Fill in if the Schedule of documents or things specifies a thing for production, or if leave is granted for physical production]
Date:
Time:
Place:
Address, or any address, to which the subpoena (or copy) and documents or things may be delivered or sent:
The Registrar
County Court of Victoria
[address]
SCHEDULE OF DOCUMENTS OR THINGS
The documents and things you must produce are as follows:
[List the documents or things. Attach list if insufficient space.]
NOTES
Last day for service
1.You need not comply with the subpoena unless it is served on you on or before the date specified in the subpoena as the last date for service of the subpoena.
Informal service
2.Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.
Addressee a corporation
3.If the subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.
Leave to comply with subpoena by physical production
4.The Registrar or the Court may grant leave to an addressee to comply with a subpoena by physical production of the documents or things instead of electronic production.
Production of subpoena or copy of it and documents or things by delivery or post
5.Instead of attending to produce this subpoena (or a copy of it) and the things required to be produced, you may comply with the subpoena by delivering or sending the subpoena (or a copy of it) and the things to the Registrar—
(a)at the address specified in the subpoena for the purpose; or
(b)if more than one address is specified, at any of those addresses—
so that they are received not less than two clear business days before the date specified in the subpoena for attendance and production or if you receive notice of a later date or time from the issuing party, before the later date or time.
6.If leave has been granted by the Registrar or the Court for physical production of a document or thing instead of electronic production of a document, Note 5 also applies to production of the document or thing, subject to the terms of the leave that has been granted.
Objections and inspections
7.If you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding, you must, at the time of production—
(a)for production of a document in eCase, give notice in eCase of your objection and of the grounds of your objection; or
(b)for production of a document or thing by delivering or sending it, give notice in eCase or in writing to the Registrar of your objection and of the grounds of your objection.
8.Leave of the Court is required to view a document or thing produced in response to this subpoena.
Physical production of a number of documents or things
9.If you physically produce more than one document or thing, you must, if requested by the Registrar, produce a list of the documents or things produced.
Permissible formats for electronic production
10.Electronic copies of documents to be lodged in eCase must be in an electronic format specified in the practice note concerning eCase.
Applications in relation to subpoena
11.You have the right to apply to the Court—
(a) for an order setting aside the subpoena (or a part of it) or for relief in respect of the subpoena;
(b) for an order with respect to any claim you may have for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of the subpoena; and
(c) for leave to comply with the subpoena by physical production of the documents or things instead of electronic production of documents in eCase.
Loss or expense of compliance
12.If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount in respect of any loss or expense, including any legal costs, reasonably incurred in complying with the subpoena.
Contempt of court—arrest
13.Failure to comply with a subpoena without lawful excuse is a contempt of court and may be dealt with accordingly.
14.Note 13 is without prejudice to any power of the Court under any Rules of the County Court (including any Rules of the County Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.
DECLARATION BY ADDRESSEE (SUBPOENA RECIPIENT)
You must complete the declaration below if leave is granted for physical production of the documents. The completed declaration must be included in the subpoena or in the copy of the subpoena when you produce it with the documents required by the subpoena.
If you declare that the material you produce is copies of documents, the Registrar may, without further notice to you, destroy the copies after the expiry of four months from the conclusion of the proceeding or, if the documents become exhibits in the proceeding, when they are no longer required in connection with the proceeding, including on any appeal.
If you declare that the material you produce is or includes any original document, the Court will return all of the material to you at the address specified by you in the declaration below.
[tick the relevant option below, provide your address as appropriate,
sign and date]
£All copied documents
All of the material I am providing in response to this subpoena is copies of documents. I acknowledge that the Court will destroy the copies once they are no longer required, without further notice to me.£Some original documents
Some or all of the material I am providing in response to this subpoena is an original document. Once the material is no longer required, all of the material should be returned to me at the following address—[insert address for return of material].
Date:
[signature of addressee]
[name of addressee]
Form 1EA—Subpoena both to attend to give evidence and to produce
Rule 1.09(1A)(c)
IN THE COUNTY COURT CASE No.:
OF VICTORIA
AT
IN THE MATTER OF:
SUBPOENA BOTH TO ATTEND TO GIVE EVIDENCE
AND TO PRODUCE
Date of document: | Solicitor code: |
Filed on behalf of: | Telephone: |
Prepared by: | Ref: |
To [name]
of [address]:
YOU ARE ORDERED both to attend to give evidence and to produce this subpoena or a copy of it and the documents and things specified in the Schedule of documents or things: see below for details.
Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest.
You should read all of the Notes set out in this subpoena. If leave is granted for physical production of the documents, you must complete the declaration by addressee (subpoena recipient) set out at the end of this subpoena.
The last day for service of this subpoena is: [date]. (See Note 1)
Date of issue:
[seal of the Court]
Details of subpoena
In so far as you are required by this subpoena to attend to give evidence, you must attend as follows unless you receive notice of a later date or time from the issuing party, in which case, the later date or time is substituted:
Date:
Time:
Place:
You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed.
In so far as you are required by this subpoena to produce a copy of the subpoena and a document, you must comply with this subpoena by lodging a copy of this subpoena and electronic copies of the documents specified in the Schedule of documents or things in eCase (ecase.countycourt.vic.gov.au) before or at the date and time specified for production.
Date and time at which to produce a copy of the subpoena and electronic copies of the documents unless:
(a)you receive notice of a later date or time from the issuing party, in which case, the later date or time is substituted; or
(b)leave is granted for physical production of a document or thing instead of electronic production of the document:
[Fill in if the Schedule of documents or things specifies a document for production]
Date:
Time:
If leave is granted for physical production of a document, you must produce the document, a copy of the document or a thing in place of the document, as required below, subject to the terms of the leave that has been granted.
In so far as you are required by this subpoena to produce the subpoena and a copy of it and a thing, or a document or thing following a grant of leave for physical production, you must comply with this subpoena:
(a)by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule of documents or things below at the date, time and place specified for attendance and production; or
(b)by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule of documents or things below to the Registrar at the address below, or if there is more than one address below, at any one of those addresses, so that they are received not less than two clear business days before the date specified for attendance and production. (See Notes 6 and 7)
Date, time and place at which to attend to produce the subpoena or a copy of it and the documents or things unless you receive notice of a later date or time from the issuing party, in which case, the later date or time is substituted:
[Fill in if the Schedule of documents or things specifies a thing for production, or if leave is granted for physical production]
Date:
Time:
Place:
Address, or any address, to which the subpoena (or copy) and documents or things may be delivered or sent:
The Registrar
County Court of Victoria
[address]
SCHEDULE OF DOCUMENTS OR THINGS
The documents and things you must produce are as follows:
[List the documents or things. Attach list if insufficient space.]
NOTES
Last day for service
1.You need not comply with the subpoena unless it is served on you on or before the date specified in the subpoena as the last date for service of the subpoena.
Informal service
2.Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.
Addressee a corporation
3.If the subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.
Conduct money
4.You need not comply with the requirements of the subpoena unless a sum of money or its equivalent (such as pre-paid travel) sufficient to meet your reasonable expenses of attending as required by the subpoena and returning after so attending is provided or tendered to you a reasonable time before the day on which your attendance is required.
Leave to comply with subpoena by physical production
5.In so far as this subpoena requires production of a copy of the subpoena and documents, the Registrar or the Court may grant leave to an addressee to comply with the subpoena by physical production of the documents or things instead of electronic production.
Production of subpoena or copy of it and documents or things by delivery or post
6.In so far as this subpoena requires production of the subpoena (or a copy of it) and things, instead of attending to produce this subpoena (or a copy of it) and the things required to be produced, you may comply with the subpoena by delivering or sending the subpoena (or a copy of it) and the things to the Registrar—
(a)at the address specified in the subpoena for the purpose; or
(b)if more than one address is specified, at any of those addresses—
so that they are received not less than two clear business days before the date specified in the subpoena for attendance and production or if you receive notice of a later date or time from the issuing party, before the later date or time.
7.If leave has been granted by the Registrar or the Court for physical production of a document or thing instead of electronic production of a document, Note 6 also applies to production of the document or thing, subject to the terms of the leave that has been granted.
Objections and inspections
8.If you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding, you must, at the time of production—
(a)for production of a document in eCase, give notice in eCase of your objection and of the grounds of your objection; or
(b)for production of a document or thing by delivering or sending it, give notice in eCase or in writing to the Registrar of your objection and of the grounds of your objection.
9.Leave of the Court is required to view a document or thing produced in response to this subpoena.
Physical production of a number of documents or things
10.If you physically produce more than one document or thing, you must, if requested by the Registrar, produce a list of the documents or things produced.
Permissible formats for electronic production
11.Electronic copies of documents to be lodged in eCase must be in an electronic format specified in the practice note concerning eCase.
Applications in relation to subpoena
12.You have the right to apply to the Court—
(a) for an order setting aside the subpoena (or a part of it) or for relief in respect of the subpoena;
(b) for an order with respect to any claim you may have for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of the subpoena; and
(c) for leave to comply with the subpoena by physical production of the documents or things instead of electronic production of documents in eCase.
Loss or expense of compliance
13.If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount (in addition to conduct money and any witness's expenses) in respect of any loss or expense, including any legal costs, reasonably incurred in complying with the subpoena.
Contempt of court—arrest
14.Failure to comply with a subpoena without lawful excuse is a contempt of court and may be dealt with accordingly.
15.Note 14 is without prejudice to any power of the Court under any Rules of the County Court (including any Rules of the County Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.
DECLARATION BY ADDRESSEE (SUBPOENA RECIPIENT)
You must complete the declaration below if leave is granted for physical production of the documents. The completed declaration must be included in the subpoena or in the copy of the subpoena when you produce it with the documents required by the subpoena.
If you declare that the material you produce is copies of documents, the Registrar may, without further notice to you, destroy the copies after the expiry of four months from the conclusion of the proceeding or, if the documents become exhibits in the proceeding, when they are no longer required in connection with the proceeding, including on any appeal.
If you declare that the material you produce is or includes any original document, the Court will return all of the material to you at the address specified by you in the declaration below.
[tick the relevant option below, provide your address as appropriate,
sign and date]
£All copied documents
All of the material I am providing in response to this subpoena is copies of documents. I acknowledge that the Court will destroy the copies once they are no longer required, without further notice to me.£Some original documents
Some or all of the material I am providing in response to this subpoena is an original document. Once the material is no longer required, all of the material should be returned to me at the following address—[insert address for return of material].
Date:
[signature of addressee]
[name of addressee]".
31Form 1I amended
(1)For the heading to Form 1I of the County Court Criminal Procedure Rules 2019 substitute—
"FORM 1I—SHORT SERVICE ORDER—SUBPOENA".
(2)In Form 1I of the County Court Criminal Procedure Rules 2019—
(a)for "ORDER FIXING LAST DATE FOR SERVICE OF SUBPOENA" substitute "SHORT SERVICE ORDER—SUBPOENA";
(b)after "attached subpoena." insert—
"*The date for production is [date].
*The date for attendance is [date].";
(c)after "[signature of Judge]" insert—
"*Delete if not applicable.".
Dated: 8 August 2023
| PETER KIDD, Chief Judge | GERARD MULLALY | |
| M. E. SEXTON, Deputy Chief Judge | MICHAEL H. TINNEY | |
| FRANCES E. HOGAN | G. CANNON | |
| ELIZABETH GAYNOR | JOHN CARMODY | |
| S. S. DAVIS | P. COSGRAVE | |
| J. G. MORRISH | G. F. MEREDITH | |
| K. L. BOURKE | C. M. QUIN | |
| P. M. E. WISCHUSEN | SARA HINCHEY | |
| MARK GAMBLE | A. J. CHAMBERS | |
| SAMANTHA L. MARKS | F. H. TODD | |
| GREGORY LYON | MY ANH TRAN | |
| C. R. GWYNN | J. VANDERSTEEN | |
| D. A. TRAPNELL | JULIE CLAYTON | |
| M. G. O'CONNELL | A. ROBERTSON | |
| A. M. RYAN | M. DEMPSEY | |
| P. J. F. HIGHAM | S. BURCHELL | |
| T. E. WRAIGHT | P. TIWANA | |
| P. R. RIDDELL | KATE HAWKINS | |
| MICHAEL CAHILL | S. BAYLES | |
| S. DAWES | K. BLAIR | |
| S. JOHNS | NOLA KARAPANAGIOTIDIS | |
| D. A. SEXTON | DANIEL P. HOLDING | |
| MARTINE MARICH | ANGELA ELLIS | |
| P. J. GINNANE | ANDREW FRAATZ | |
| ELIZABETH BRIMER | MARIA TSIKARIS | |
| G. A. GEORGIOU | SIMON MOGLIA | |
| A. S. PILLAY | GARY CLARK | |
| R. E. CARLIN | CAITLIN ENGLISH | |
| ANNE HASSAN | PETER ROZEN | |
| KEVIN DOYLE | A. M. MAGEE | |
| JOHN CAIN | JOHN KELLY | |
| F. L. DALZIEL | B. A. MYERS | |
| S. LEIGHFIELD | D. MANOVA | |
| DAVID J. N. PURCELL | ROBYN L. HARPER | |
═════════════
ENDNOTES
[1] Rule 4: S.R. No. 170/2018 as amended by S.R. Nos 29/2019, 69/2019, 106/2019, 142/2019, 16/2020, 27/2020, 28/2021, 158/2021, 90/2022 and 131/2022.
[2] Rule 27: S.R. No. 126/2019 as amended by S.R. Nos 16/2020, 98/2021, 90/2022 and 16/2023.
0
0
0