33.2   Issuing of subpoena

(cf SCR Part 37, rule 2)

(1)  The court may, in any proceeding, by subpoena order the addressee:

(a)  to attend to give evidence as directed by the subpoena, or

(b)  to produce the subpoena or a copy of it and any document or thing as directed by the subpoena, or

(c)  to do both of those things.

(2)  An issuing officer must not issue a subpoena:

(a)  if the court has made an order, or there is a rule of the court, having the effect of requiring that the proposed subpoena:

(i)  not be issued, or

(ii)  not be issued without the leave of the court and that leave has not been given, or

(b)  requiring the production of a document or thing in the custody of the court or another court.

(3)  The issuing officer must seal with the seal of the court, or otherwise authenticate, a sufficient number of copies of the subpoena for service and proof of service.

(4)  A subpoena is taken to have been issued on its being sealed or otherwise authenticated in accordance with subrule (3).