In order to provide a more streamlined service of the order 42 process, the following checklist of items should be complied with prior to searching subpoenaed documents.
This guide is provided to assist you in gathering all the information required in order to issue the correct subpoena and make an appointment to inspect and/or photocopy subpoenaed material.
The Court has created two 'smart' forms for the 42A and 42AA subpoenas which will help you to issue subpoenas quickly and efficiently. The forms have been created to include important Court Rules that must be complied with in issuing subpoenas. For example when you select the 'date for production', the 'last date for service' will be automatically picked after the form calculates 5 business days prior to the date for production as per Rule 42.03(8) of the County Court Civil Procedure Rules 2008. Please use these forms to ensure that your subpoenas are issued with no need for repeated amendments. The forms will also help you in calculating the dates for subpoenas issued over the Christmas period.
MS Word version
|Subpoena (Form 42A)||
|Notice to Addressee and Declaration (Form 42B)|
|Subpoena for Production to Registrar (Form 42AA)|
|Notice to Addressee and Declaration (Form 42AB)|
42A subpoenaed material inspections
From November 2016, parties to civil proceedings can apply to the subpoena section of the County Court registry for permission to view and copy 42A subpoenas. In the past such applications had to go to a judicial officer. This new process is less burdensome for you and will be actioned by Registry in a timely way.
The application is to be made via email. The request must be sent to: email@example.com
Please ensure the subject line of the email states ‘42A inspection request of _____ ‘
The request must include:
- The case number
- Names of the parties
- A list of which 42A subpoenas you wish to have access to; and
- Be cc’d to all other active parties to the proceeding
If the request is by consent, it must be signed by all active parties to the proceeding. If not by consent, the request must be signed by the applicant party.
If the request involves medical records, the plaintiff will be given first priority to inspect the records and make any objections. If no objections are received within the time period specified in the response to your request, the defendant will be given the opportunity to inspect the records.
Once granted, a request to book an appointment to inspect the subpoenaed records can be made by calling 8636 6525.
Note – If the case involves a self- represented litigant or objections are filed in the proceeding, the matter will be referred to a Judicial Registrar.