ARTICLE · 23 FEBRUARY 2016

I've Been Served A Subpoenasubpoena!

Jayadeep Hari & Jamil

Explore more from Jayadeep Hari & Jamil

Imagine the following scenario - you are a HR Manager and you have been served with a subpoena to appear in Court to produce documents and to give evidence in relation to a former employee.

MalaysiaLitigation, Mediation & Arbitration

Jesrin Kaur

Imagine the following scenario - you are a HR Manager and you have been served with a subpoena to appear in Court to produce documents and to give evidence in relation to a former employee. Now what? Must you abide by the subpoena? Do you really have to go to Court? The answer is yes, unless there are suffi-cient grounds to support otherwise, which will be dis-cussed below.

Introduction

A subpoena is a summons issued by the Court based on the request of a party whereby the person named in the subpoena would be required to produce rele-vant documents and/or to give evidence in Court. The purpose of a subpoena is clearly explained in the case of Lucas Industries Limited v Hewitt & Ors (1978) 18 ALR 555, FC at 570 as follows:

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