Supreme Court Amendment (Subpoena) Rules 2009
We, the Honourable Ewan Charles Crawford, Chief Justice, and the Honourable Peter Ethrington Evans, the Honourable Alan Michael Blow, OAM, the Honourable Shan Eve Tennent and the Honourable David Porter, Puisne Judges of the Supreme Court of Tasmania, on the recommendation of the Rule Committee, make the following Rules of Court under the Supreme Court Civil Procedure Act 1932 .
1Short titleThese Rules of Court may be cited as the Supreme Court Amendment (Subpoena) Rules 2009 . 2CommencementThese Rules of Court take effect on the day on which their making is notified in the Gazette. 3Principal RulesIn these Rules of Court, the Supreme Court Rules 2000 are referred to as the Principal Rules. 4Rule 496A insertedAfter rule 496 of the Principal Rules , the following rule is inserted in Division 3: 496AAlteration of date for attendance or production (1) The issuing party may give notice to the addressee of a date or time later than the date or time specified in a subpoena as the date or time for attendance or for production or for both. (2) Where notice is given under subrule (1) , the subpoena has the effect as if the date or time notified appeared in the subpoena instead of the date or time that appeared in the subpoena. 5Rule 499 amended (Compliance with subpoena) Rule 499(2) of the Principal Rules is amended as follows: (a) by inserting in paragraph (a) "or, if the addressee has received notice of a later date or time from the issuing party, at that later date or time" after "production"; (b) by omitting from paragraph (b) "production." and substituting "production or, if the addressee has received notice of a later date or time from the issuing party, before that later date.". E. C. CRAWFORD
Chief Justice
P. E. EVANS
Puisne Judge
A. M. BLOW
Puisne Judge
S. E. TENNENT
Puisne Judge
D. J. PORTER
Puisne Judge
Countersigned,
E. A. KNIGHT
Registrar
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 24 June 2009
These Rules of Court are administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the rule) These Rules of Court amend the