32.2   Leave to serve subpoena

(cf SCR Part 36A, rule 3)

(1)  Application for leave under the Commonwealth Act to serve a subpoena in New Zealand must be made:

(a)  if the subpoena is issued in proceedings in the Supreme Court, by motion in the proceedings, or

(b)  in any other case, by summons in the Common Law Division joining as defendant the person to whom the subpoena is addressed.

(2)  The application must be supported by an affidavit annexing a copy of the subpoena and setting out the following:

(a)  the name, designation or occupation, and address of the person named and whether that person is over 18 years of age,

(b)  the nature and significance of the evidence to be required from the person named, or of the document or thing required to be produced by that person,

(c)  details of the steps taken to ascertain whether the evidence, document or thing could be obtained by other means without significantly greater expense, and with less inconvenience, to the person named,

(d)  the date by which it is intended to serve the subpoena,

(e)  details of:

(i)  the calculation of the sum sufficient to meet reasonable expenses in complying with the subpoena, and

(ii)  how and when those expenses are to be paid, or tendered, to that person in money or in vouchers,

(f)  if the subpoena requires the person named to give evidence, an estimate of the time that person will be required to attend to give evidence,

(g)  details of any facts or matters known to the deponent which may provide cause for the subpoena to be set aside under section 14 (2) and (3) of the Commonwealth Act.

(3)  Unless the Supreme Court orders otherwise, the applicant for leave may proceed without serving the summons or notice of motion on any person.

(4)  Before granting leave under the Commonwealth Act to serve a subpoena, the Supreme Court may require the applicant for leave to undertake to meet the expenses or loss reasonably incurred by the person named, not being a party to the proceedings, in complying with the subpoena, if those expenses or loss exceed the allowances and travelling expenses to be provided to that person at the time of service of the subpoena.