"You've been served": A quick refresher on responding to subpoenas to produce documents

Key Points:

You have obligations when you're served with a subpoena, but you also have options.

The Supreme Court of NSW rules concerning subpoenas have been overhauled with updates to the Uniform Civil Procedure Rules 2005 (NSW) in 2011 and the introduction of Practice Notes 18 and 19 this year.

This article is a reminder of your obligations when served with a subpoena to produce documents, and considers the practical impact of the introduction of Practice Notes 18 and 19.

Does the recipient of a subpoena need to comply?

The short answer is "yes". A subpoena to produce documents is an order issued by the Supreme Court of NSW. Failure to comply with a validly issued subpoena, unless lawfully excused, constitutes contempt of court.