If you have been issued a subpoena by the court, and you may be wondering “what is that?”, and “why do the TV shows make such a big deal about them?”. This Legal Kitz article will help you to understand what a subpoena is, the grounds on which you can avoid one, and different scenarios you may encounter if you’re issued one.
What is a subpoena?
A subpoena is an order to a person (referred to as the addressee) which requires them to attend court to give evidence or produce a document. The issuing party of the subpoena will request a it if the person refuses, or is unable, of their free will, to give evidence in their case or to provide the court with documents that are relevant to the case.
Subpoenas can be issued without any notice (referred to as ex parte), where the issuing party may apply to the court for leave (a term used to describe the process of requesting a subpoena) without notice to any other parties. Once a subpoena has been issued, the issuing party must then demonstrate that the subpoena has a legitimate forensic purpose to the proceeding, and the addressee must comply. If the addressee does not comply without lawful excuse, there are serious consequences including contempt of the court and arrest.
As for how long subpoenas last, they remain in force until the person subpoenaed complies with the subpoena, the issuing party or the court releases the person subpoenaed from the obligation to comply, or the hearing or trial has concluded.
What are the grounds for objecting a subpoena?
Although an addressee must comply once issued, there are several scenarios where you can object, and possibly get out of one. These include:
- It it was not served on the person in the way that the rules require. The rules here refers to the Federal Circuit and Family Court of Australia (Div 2) (General Federal Law) Rules 2021;
- If conduct money was not provided. Conduct money refers to the money that is provided by the person serving the subpoena to the addressee. This sum is to be sufficient enough that the addressee is able to travel between court and their home/workplace. Conduct money must also be at least $25;
- If the documents or things requested are irrelevant to the case;
- If the documents or things requested breach privilege (such as documents or things that arose out of lawyer/client privilege); or
- If the terms are too broad.
Legal advice
Being issued a subpoena can be a scary and daunting event for anyone. So, the next time that you’ve been subpoenaed as a witness, contact Legal Kitz to ensure that you are taking the correct processes to protect yourself as much as possible. Additionally, you can book here for a FREE 30-minute consultation with a member our highly experienced and friendly staff.