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.