Untitled document

Supreme Court (Chapter I Amendment No. 12) Rules 2008

S.R. No. 149/2008

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5New Rule 42.03.1

42.03.1Alteration of date for attendance or production

6Compliance with subpoena

7Amendment of Form 42A

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ENDNOTES

STATUTORY RULES 2008

S.R. No. 149/2008

Supreme Court Act 1986

Supreme Court (Chapter I Amendment No. 12) Rules 2008

The Judges of the Supreme Court make the following Rules:

1Object

The object of these Rules is to amend Chapter I of the Rules of the Supreme Court to further provide for the form of subpoena in civil proceedings.

2Authorising provisions

These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers.

3Commencement

These Rules come into operation on 1 January 2009.

4Principal Rules

In these Rules, the Supreme Court (General Civil Procedure) Rules 2005[1] are called the Principal Rules.

5New Rule 42.03.1

After Rule 42.03 of the Principal Rules insert—

"42.03.1   Alteration 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 that is specified in a subpoena as the date or time for attendance or for production or for both.

(2)If notice is given under paragraph (1), the subpoena has effect as if the date or time notified appears in the subpoena instead of the date or time that is specified in the subpoena.".

6Compliance with subpoena

(1)In Rule 42.06(4)(a) of the Principal Rules, after "production" insert "or, if the addressee has received notice of a later date or time from the issuing party, at that later date or time,".

(2)In Rule 42.06(4)(b) of the Principal Rules, after "production" insert "or, if the addressee has received notice of a later day from the issuing party, before that later day".

7Amendment of Form 42A

(1)In Form 42A of the Principal Rules, under the heading "A. Details of subpoena to attend to give evidence only" for "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." substitute—

"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.

Alternatively, if notice of a later day is given to you by the issuing party, you must attend on that day until you are excused from further attending.".

(2)In Form 42A of the Principal Rules, under the heading "B. Details of subpoena to produce only" after paragraph (b) insert—

"Alternatively, if notice of a later day is given to you by the issuing party, you must attend and produce the subpoena, or a copy of it, with the required documents or things on that day.".

(3)In Form 42A, under the heading "C. Details of subpoena both to attend to give evidence and to produce" for "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." substitute—

"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.

Alternatively, if notice of a later day is given to you by the issuing party, you must attend on that day until you are excused from further attending.".

(4)In Form 42A, under the heading "C. Details of subpoena both to attend to give evidence and to produce" after paragraph (b) insert—

"Alternatively, if notice of a later day is given to you by the issuing party, you must attend and produce the subpoena, or a copy of it, with the required documents or things on that day until you are excused from further attending.".

(5)In Note 5 to Form 42A of the Principal Rules, after "attendance and production" insert "or if you receive notice of a later day from the issuing party, before the later day".

Dated:       27 November 2008

M. L. WARREN, C.J.

CHRISTOPHER MAXWELL, P.

PETER BUCHANAN, J.A.

F. H. R. VINCENT, J.A.

GEOFFREY NETTLE, J.A.

DAVID ASHLEY, J.A.

MARCIA NEAVE, J.A.

ROBERT REDLICH, J.A.

MURRAY B. KELLAM, J.A.

MARK WEINBERG, J.A.

P. D. CUMMINS, J.

T. H. SMITH, J.

DAVID BYRNE, J.

D. L. HARPER, J.

H. R. HANSEN, J.

PHILIP MANDIE, J.

BERNARD D. BONGIORNO, J.

D. J. HABERSBERGER, J.

K. WILLIAMS, J.

SIMON P. WHELAN, J.

KEVIN H. BELL, J.

KIM HARGRAVE, J.

ANTHONY CAVANOUGH, J.

ELIZABETH CURTAIN, J.

TONY PAGONE, J.

PAUL COGHLAN, J.

ROSS ROBSON, J.

JACK FORREST, J.

JAMES JUDD, J.

PETER VICKERY, J.

EMILIOS KYROU, J.

DAVID F. R. BEACH, J.

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ENDNOTES

[1]

Rule 4: S.R. No. 148/2005.  Reprint No. 1 as at 3 September 2007.  Reprinted to S.R. No. 91/2007 and subsequently amended by

S.R. Nos 128/2007, 32/2008 and 100/2008.