Supreme Court (Chapter I Amendment No. 12) Rules 2008

Supreme Court (Chapter I Amendment No. 12) Rules 2008 S.R. No. 149/2008 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 5 New Rule 42.03.1 1 42.03.1 Alteration of date for attendance or production 1 6 Compliance with subpoena 2 7 Amendment of Form 42A 2 ═══════════════ ENDNOTES 6 i -- 1 of 7 -- STATUTORY RULES 2008 S.R. No. 149/2008 Supreme Court Act 1986 Supreme Court (Chapter I Amendment No. 12) Rules 2008 The Judges of the Supreme Court make the following Rules: 1 Object The object of these Rules is to amend Chapter I of the Rules of the Supreme Court to further provide for the form of subpoena in civil proceedings. 2 Authorising provisions These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers. 3 Commencement These Rules come into operation on 1 January 2009. 4 Principal Rules In these Rules, the Supreme Court (General Civil Procedure) Rules 20051 are called the Principal Rules. 5 New Rule 42.03.1 After Rule 42.03 of the Principal Rules insert— "42.03.1 Alteration of date for attendance or production (1) The issuing party may give notice to the addressee of a date or time later than the date or time that is specified in a subpoena as the 1 -- 2 of 7 -- S.R. No. 149/2008 Supreme Court (Chapter I Amendment No. 12) Rules 2008 r. 6 date or time for attendance or for production or for both. (2) If notice is given under paragraph (1), the subpoena has effect as if the date or time notified appears in the subpoena instead of the date or time that is specified in the subpoena.". 6 Compliance with subpoena (1) In Rule 42.06(4)(a) of the Principal Rules, after "production" insert "or, if the addressee has received notice of a later date or time from the issuing party, at that later date or time,". (2) In Rule 42.06(4)(b) of the Principal Rules, after "production" insert "or, if the addressee has received notice of a later day from the issuing party, before that later day". 7 Amendment of Form 42A (1) In Form 42A of the Principal Rules, under the heading "A. Details of subpoena to attend to give evidence only" for "You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed." substitute— "You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed. Alternatively, if notice of a later day is given to you by the issuing party, you must attend on that day until you are excused from further attending.". 2 -- 3 of 7 -- S.R. No. 149/2008 Supreme Court (Chapter I Amendment No. 12) Rules 2008 r. 7 (2) In Form 42A of the Principal Rules, under the heading "B. Details of subpoena to produce only" after paragraph (b) insert— "Alternatively, if notice of a later day is given to you by the issuing party, you must attend and produce the subpoena, or a copy of it, with the required documents or things on that day.". (3) In Form 42A, under the heading "C. Details of subpoena both to attend to give evidence and to produce" for "You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed." substitute— "You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed. Alternatively, if notice of a later day is given to you by the issuing party, you must attend on that day until you are excused from further attending.". (4) In Form 42A, under the heading "C. Details of subpoena both to attend to give evidence and to produce" after paragraph (b) insert— "Alternatively, if notice of a later day is given to you by the issuing party, you must attend and produce the subpoena, or a copy of it, with the required documents or things on that day until you are excused from further attending.". (5) In Note 5 to Form 42A of the Principal Rules, after "attendance and production" insert "or if you receive notice of a later day from the issuing party, before the later day". 3 -- 4 of 7 -- S.R. No. 149/2008 Supreme Court (Chapter I Amendment No. 12) Rules 2008 r. 7 Dated: 27 November 2008 M. L. WARREN, C.J. CHRISTOPHER MAXWELL, P. PETER BUCHANAN, J.A. F. H. R. VINCENT, J.A. GEOFFREY NETTLE, J.A. DAVID ASHLEY, J.A. MARCIA NEAVE, J.A. ROBERT REDLICH, J.A. MURRAY B. KELLAM, J.A. MARK WEINBERG, J.A. P. D. CUMMINS, J. T. H. SMITH, J. DAVID BYRNE, J. D. L. HARPER, J. H. R. HANSEN, J. PHILIP MANDIE, J. BERNARD D. BONGIORNO, J. D. J. HABERSBERGER, J. K. WILLIAMS, J. SIMON P. WHELAN, J. KEVIN H. BELL, J. KIM HARGRAVE, J. ANTHONY CAVANOUGH, J. ELIZABETH CURTAIN, J. TONY PAGONE, J. PAUL COGHLAN, J. 4 -- 5 of 7 -- S.R. No. 149/2008 Supreme Court (Chapter I Amendment No. 12) Rules 2008 r. 7 ROSS ROBSON, J. JACK FORREST, J. JAMES JUDD, J. PETER VICKERY, J. EMILIOS KYROU, J. DAVID F. R. BEACH, J. ═══════════════ 5 -- 6 of 7 -- S.R. No. 149/2008 Supreme Court (Chapter I Amendment No. 12) Rules 2008 Endnotes ENDNOTES 1 Rule 4: S.R. No. 148/2005. Reprint No. 1 as at 3 September 2007. Reprinted to S.R. No. 91/2007 and subsequently amended by S.R. Nos 128/2007, 32/2008 and 100/2008. 6 -- 7 of 7 --