In this Part:
person named means, in relation to a subpoena, the person to whom the subpoena is addressed.
[DCR Pt 29 r 1]
(1) A subpoena shall not require the person named to attend or produce any document or thing on any day on which the person’s attendance is required unless an amount sufficient to meet the person’s reasonable expenses of complying with the subpoena in relation to that day is paid or tendered to the person at the time of service of the subpoena or not later than a reasonable time before that day.(2) Subject to any direction by the court or registrar, the amount which would be payable in respect of the person named if the party issuing the subpoena were entitled to claim witness’ expenses in respect of that person as costs in the action shall be deemed to be the amount of the reasonable expenses of the person for the purposes of section 72 (9) of the Act.
[cf DCR Pt 29 r 2]
(1) Where the person named in a subpoena for production of any document or thing is not a party to the proceedings, the subpoena shall, unless the court otherwise orders, permit the person to produce the document or thing to the registrar not later than the day before the first day on which the person’s attendance is required, instead of attending and producing the document or thing as required by the subpoena.(2) Where a document or thing is produced to the registrar pursuant to subrule (1), the registrar shall:(a) if the person producing the document or thing requires a receipt, give such a receipt to the person, and(b) produce the document or thing as the nature of the case requires or as the court may direct.(3) Where a document or thing is produced to the registrar pursuant to subrule (1) and before the document or thing is tendered to the court the hearing of the proceedings is adjourned, other than to a date then fixed, the subpoena shall no longer be of any force or effect, and the registrar shall be at liberty to return the document or thing to the person who produced it to the registrar.(4) Where a document or thing is produced to the registrar pursuant to subrule (1) in compliance with a subpoena which is returnable on a day mentioned in rule 5 (5) (b), (c) or (d), the registrar may, if the registrar thinks fit, at a reasonable time order that the subpoena shall no longer be of any force or effect and return the document or thing to the person who produced it to the registrar.(5) Subrules (3) and (4) do not operate to prevent the issue of a further subpoena requiring the production of a document or thing returned by the registrar under either of those subrules.(6) This rule does not apply to so much of a subpoena as requires the person named to attend to testify in any proceedings.(7) Where an action has been referred to an arbitrator in accordance with section 21H of the Act, this rule shall apply so that a reference to the registrar shall be taken to be a reference to the arbitrator.
[cf DCR Pt 29 r 3]
(1) On request by a party, the registrar shall, unless the court otherwise orders, issue a subpoena to give evidence or a subpoena for production or a subpoena both to give evidence and for production.(2) Subrule (1) does not prevent the issue of a subpoena to give evidence and a subpoena for production to the same person in the same proceedings.(3) Subject to subrule (4), a party requesting the issue of a subpoena shall produce the subpoena to the registrar in duplicate.(4) Where a party requests in any proceedings the issue of several subpoenas to give evidence in similar terms but addressed to different persons, the party need produce only one original, but that original must contain the name of each person to whom any of the subpoenas is addressed.(5) A subpoena for production may, with the leave of the court or registrar, be made returnable on any day.(6) A party or the party’s solicitor or barrister may:(a) inspect documents produced in compliance with a subpoena, and(b) take copies of any documents so inspected,if the court so orders, and any such order may be made on terms.
[cf DCR Pt 29 r 6]
(1) A subpoena shall be served within a reasonable time.(2) Without affecting the generality of subrule (1), where a subpoena requires attendance or production or both on a specified date, the subpoena may not be served on the person named later than 5 days before the date so specified unless the court or registrar otherwise orders.
[DCR Pt 29 r 7](3) Subject to subrule (4), service of a subpoena for production which requires production on a specified date, being a date not later than 21 days before the hearing of the action in which the subpoena is issued, may be effected by sending a copy of the subpoena by pre-paid post addressed to the person named at that person’s usual or last known residence or place of business.(4) Service pursuant to subrule (3) shall not be effective unless and until the subpoena is actually received by the person named.
The court may, of its own motion or on the motion of any person having a sufficient interest, set aside a subpoena wholly or in part.
[DCR Pt 29 r 8]
(1) Exhibits in any proceedings, whether produced on subpoena or otherwise, may be returned to the person who produced them to the court or registrar:(a) where the court makes an order for the return of the exhibits, forthwith, and(b) where, within a period of 35 days after judgment is given or a final order is made, the court makes no order for the return of the exhibits, and no application is made for a case to be stated, forthwith after the expiration of that period.(2) A person to whom exhibits may be returned under subrule (1) shall obtain the return of, and give to the registrar a receipt for, the exhibits as soon as practicable, and the registrar shall be responsible for the safe custody of any exhibits in the registrar’s keeping for a period only of 14 days after the first day on which the exhibits may be so returned.
[cf DCR Pt 29 r 5]
For the purposes of section 72 (6) of the Act, a recognizance may be entered into before any member of the Police Force who is of or above the rank of sergeant or is for the time being in charge of a police station, any gaoler, any justice of the peace or any registrar.
[LC (CC) R r 66]