UCPR- Form 43 - Subpoena for Production and to Give Evidence

SUPREME[i] COURT OF QUEENSLAND

REGISTRY:

NUMBER:

Plaintiff2:(As per Claim)

AND

[First] Defendant3(As per Claim)

AND

[Second Defendant](As per Claim)

SUBPOENA FOR PRODUCTION AND TO GIVE EVIDENCE

To:(name) (address)

THE COURT ORDERS that you attend and produce this subpoena and the documents and things described in the schedule and attend for the purpose of giving evidence

(a) before (the Court or as the case may be);

(b) at (address of Court or place);

(c) on (date) at (time) and until you are excused from

further attending.

This subpoena was issued on behalf of (insert party on whose behalf the subpoena will be issued).

The last date for service of this subpoena is (*insert date fixed by the court *insert date that is 5 days before the earliest date the person to whom the subpoena is directed is required to comply with it).

SCHEDULE

(description of document or thing)

TAKE Notice:

(1)failure to comply with this subpoena without lawful excuse is contempt of court and may result in your arrest.

(2)the party on whose behalf this subpoena was issued may give you written notice of a date or time later than the date or time stated above to attend and produce the documents or things described in the schedule or attend to give evidence, in which case this subpoena has effect as if the date or time stated in the notice were stated in the subpoena.

(3)you need not comply with this subpoena unless conduct money is paid, or tendered to you, a reasonable time before the day on which you would be required to attend the Court.

(4)you have the right to apply to the court to have all or part of the subpoena set aside on any sufficient grounds including-

want of relevance; or

privilege, including but not limited to, sexual assault counselling privilege; or

oppressiveness, including oppressiveness because substantial expenses may not be reimbursed; or

non-compliance with the Uniform Civil Procedure Rules.

(5)if you are not a party to these proceedings, your agent may attend and produce this subpoena and the documents or things described in the schedule at the date, time and place stated above or, instead of attending the court to produce the documents or things, you or your agent may deliver or send this subpoena or a copy of it and the documents and things described in the schedule to the Registry of the Court from which the subpoena was issued, not later than 2 clear business days before the day on which you are required to attend.

(6)if you are not a party to the proceeding and you incur substantial loss or expense in complying with this subpoena, you may apply to the Court for an order that the party who requested the issue of the subpoena pay to you an amount in addition to conduct money to compensate you for the loss or expense, including legal costs, incurred in responding properly to the subpoena.

(7)you may produce a copy of a document described in the schedule unless this subpoena states that the original document must be produced. A copy may be a paper copy or an electronic copy in an electronic file format approved by the registrar.

(8)if you are producing more than one document or thing, the registrar may require you to provide a list of the documents or things being produced.

Issued with the Authority of the (name) Court of Queensland:

Signed:(signature and description of officer of the Court)

Dated:

[i].For an application in the District Court or a Magistrates Court, substitute “District Court” or “Magistrates Courts” respectively.

2For proceedings commenced by Originating Application for “Plaintiff” substitute “Applicant”

3For proceedings commenced by Originating Application for “Defendant” substitute “Respondent”