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ARTICLE · 19 JULY 2021

What do I need to know about subpoenas?

Some useful tips about subpoenas, including how to issue a subpoena and how to respond to one.

AustraliaLitigation, Mediation & Arbitration

Subpoenas are formal court documents that are served on a non-party to court proceedings. The purpose of a subpoena is to either require that a non-party: 

  • produce certain documents; 
  • attend a hearing to give oral evidence; or 
  • a combination of both. 

There are specific steps that a party must take to issue a subpoena, and there can be serious consequences for failing to comply with one. This article sets out some useful tips about subpoenas, including how to issue a subpoena and how to respond to one. 

Subpoena to Produce Documents 

Subpoenas can only be served where there are proceedings on foot in court. Additionally, you can only serve a subpoena on a non-party to proceedings, for example, a third party person or entity which may hold documents that are relevant to the proceedings. 

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