A subpoena is a legal
document issued by the Court at the request of a party to a case. A subpoena
compels a person to produce documents or give evidence at a hearing or trial.
There are three types
of subpoena:
- a subpoena for production
- a subpoena to give evidence, and
- a subpoena for production and to give
evidence.
A party to a case can
request a subpoena if a person refuses or is unable, of their own free will, to
give evidence in the case or to provide documents to the Court that are
relevant to the case. However, the party should make attempts to get the
required document or evidence by, for example, asking the person to provide it
before requesting the Court to issue a subpoena.
A subpoena for
production and to give evidence should not be sought if production of the
document/s and/or thing/s alone would be sufficient.
What do I do if I receive a subpoena?
When served with a
subpoena, you must comply with it. If you do not comply with a subpoena, a
court may issue a warrant for your arrest, and order you to pay any costs
caused by your non-compliance.
A court may also find
you guilty of contempt of court.
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