Subpoenas

Subpoena Rule Changes
From 1 January 2018 the Form 1D (criminal) subpoena will be replaced with separate forms for each type of subpoena. The 'Notice to addressee and declaration' (known as a Form 1E)is now included in the new Form 1E or 1EA subpoena and is no longer a separate form. Subpoenas requiring service interstate will still require a Notice to Witness (Form 2) attached to the end of the subpoena.
Form 1D- Subpoena to attend to give evidence
Subpoena issued at the Registry to have persons relevant to the case attend at the court on the date specified.
Form 1D.doc.docx View/Download File type vnd.openxmlformats-officedocument.wordprocessingml.document icon (14.55 KB)
Form 1E- Subpoena to produce
Subpoena issued at the Registry to have documents relevant to the case produced at the court on the date specified. Documents must be sent to the Registry by the person or company subpoenaed on or before the date for production.
Form 1E.doc.docx View/Download File type vnd.openxmlformats-officedocument.wordprocessingml.document icon (16.74 KB)
Form 1EA- Subpoena both to attend to give evidence and to produce
Subpoena issued at the Registry to have a person both attend at the Court and produce documents to the Court on a specified date.
Form1EA.doc.docx View/Download File type vnd.openxmlformats-officedocument.wordprocessingml.document icon (17.11 KB)
Application to issue a subpoena or to produce or adduce evidence (32C)
This form is used where a party wishes to apply for leave under section 32c of the Evidence (Miscellaneous Provisions) Act 1958 in relation to evidence of confidential communications.
Application regarding protected evidence.doc View/Download File type msword icon (82.50 KB)
Notice to Witness (Form 2)
This form is prescribed under Commonwealth legislation and is a requirement of interstate service of a subpoena (it must be attached to the said document).
Notice to Witness FORM 2.pdf View/Download File type pdf icon (18.77 KB)
Trans Tasman Subpoena (to give evidence)
Trans Tasman Subpoena (to give evidence).
Documentation for service of subpoenas to give evidence on addressees located in New Zealand View/Download File type msword icon (57.00 KB)
Trans Tasman Subpoena (to produce documents)
Documentation for service of subpoenas to produce documents on addressees located in New Zealand.
Trans Tasman Subpoena (to produce documents) - Form 1G.doc View/Download File type msword icon (76.00 KB)
Template Order for Short Service of Subpoena
When applying for an Order for Short Service of a Subpoena, the applicant must draw up the orders they are seeking for the Judge to sign. This is an approved template in relation to wording and format of the orders sought.
Short Service Order - Oct 2015.docx View/Download File type vnd.openxmlformats-officedocument.wordprocessingml.document icon (17.73 KB)
Trans Tasman Subpoena (to give evidence and produce documents)
Documentation for service of subpoenas to give evidence and produce documents on addressees located in New Zealand.
Trans Tasman Subpoena (to give evidence and produce documents) - Form 1H.doc View/Download File type msword icon (71.00 KB)