By Justin Wong and Prudence Watts -
Snapshot
- A well-timed and crafted subpoena can provide your client with corroborating evidence or expose weaknesses in your opponent’s case.
- Practical considerations are sometimes overlooked which can delay production of documents, or result in the subpoena being struck out or not complied with.
- Before issuing a subpoena, consideration should be given to the scope, intended recipient and ensuring there are no roadblocks to prevent or delay the recipient from providing the subpoenaed information.
Subpoenas can be a powerful instrument in criminal and civil proceedings. A well-timed and crafted subpoena can provide your client with corroborating evidence or expose weaknesses in your opponent’s case. However, subpoenas issued without care and attention can cause more harm than good. Practical considerations are sometimes overlooked which can delay production of documents, or result in the subpoena being struck out or not complied with. Making sure the scope is focused, the subpoena is filed and served correctly, and addressed to the correct party can be easy to get wrong.
This article is written from a criminal law perspective, but many of the considerations apply regardless of jurisdiction.
Which Rules Apply?
At the outset, it is important to be clear about the relevant rules that apply. For criminal law subpoenas, a common misconception is that the Uniform Civil Procedure Rules apply. However, practitioners must refer to the Criminal Procedure Act 1986 (NSW), the Local Court Rules, the District Court Rules and the Supreme Court Rules.
