Subpoenas

Subpoena Rule changes

From 1 January 2018 the current Form 42A (civil) subpoena and the Form 1D (criminal) subpoena will be replaced with separate forms for each type of subpoena.

Form 42A becomes:

  • Form 42A - subpoena to attend to give evidence
  • Form 42B - subpoena to produce
  • Form 42C - subpoena both to attend to give evidence and to produce

The requirement to attach the current Form 42B Notice to Addressee and Declaration will be removed as this has been incorporated into the relevant subpoena forms (42B and 42C). 

Form 1D becomes:

  • Form 1D - subpoena to attend to give evidence
  • Form 1E - subpoena to produce
  • Form 1EA - subpoena both to attend to give evidence and to produce

The 'Notice to addressee and declaration' (known as a Form 1E) now is included in the 1E or 1EA subpoena and is no longer a separate form.

Form 42AA Subpoena to produce to Registrar has also changed with the Notice to Addressee and Declaration being incorporated in the form.

The Rule changes also allow for subpoenaed material to be produced to the Court in numerous electronic formats which are specified in the Rules and the forms.

The new forms to be used after 1 January 2018 are listed below and are available on the County Court website:

Please update your template forms and ensure you use the correct forms from 2 January 2018. 

42B/42C 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 42B/42C 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: civil.counter@countycourt.vic.gov.au

Please ensure the subject line of the email states ‘42B/42C inspection request of _____ ‘

The request must include:

  • The case number
  • Names of the parties
  • A list of  which 42B/42C 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. 

 

Guide to Subpoenas
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.
Guide to Subpoenas.pdf View/Download File type pdf icon (282.83 KB)
Frequently Asked Subpoena Questions.pdf View/Download File type pdf icon (180.83 KB)
Court Connect Information Sheet.pdf View/Download File type pdf icon (505.73 KB)
Checklist for addressee.docx View/Download File type vnd.openxmlformats-officedocument.wordprocessingml.document icon (47.99 KB)
Appointment checklist for solicitors.docx View/Download File type vnd.openxmlformats-officedocument.wordprocessingml.document icon (13.56 KB)
Subpoena Dates
Subpoena dates during the Christmas period. View/Download File type pdf icon (103.21 KB)
Subpoena interstate dates during the Christmas period. View/Download File type pdf icon (95.08 KB)
Dates defendant firms can view 42AA medical records View/Download File type pdf icon (9.66 KB)