Receiving a subpoena can be extremely stressful, especially when you don’t fully understand what it means. A subpoena is a court order requiring a person or organisation to either:
- Attend court to give evidence,
- Provide documents or material to the court, or
- Do both.
How is a subpoena issued?
The process usually involves:
- Completing the correct court form that clearly identifies the documents or evidence required,
- Filing the subpoena with the court registry,
- Having the subpoena sealed,
- Serving it upon the recipient.
Subpoenas are typically personally served, meaning they are physically handed to the recipient. In some situations, they may be served by post or email. An affidavit of service is required to prove the subpoena was properly served.
What happens after receiving a subpoena?
Initially, you should first check to make sure that the subpoena has been served on time. If you receive a subpoena, you generally must comply by either attending court or producing the requested documents, or both. Failure to comply without a lawful excuse can result in serious consequences, including arrests, warrants, or contempt proceedings.
The person issuing the subpoena must usually provide conduct money to cover reasonable expenses associated with complying, such as travel costs. If the conduct money is not provided, the recipient may not be required to comply.
Can a subpoena be challenged?
Yes, a subpoena can sometimes be objected to or set aside if it:
- is too broad,
- is oppressive,
- lacks a legitimate forensic purpose,
- public interest immunity ground.
- seeks privileged information.
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