COURT PROCEDURES RULES 2006 - REG 6609 Inspection of, and dealing with, subpoenaed documents and things produced otherwise than on

COURT PROCEDURES RULES 2006 - REG 6609

    (1)     This rule applies if an addressee produces a document or thing under rule 6606 (4) (b).

    (2)     On the request of a party, the registrar must tell the party whether production in response to a subpoena has happened and, if so, include a description, in general terms, of the documents and things produced.

    (3)     The request mentioned in subrule (2) must be made orally on the return date for the subpoena or in writing after the return date.

    (4)     A person may inspect a document or thing produced in response to a subpoena only—

        (a)     in accordance with the usual order or otherwise in accordance with this rule; or

        (b)     if the court has given leave and the inspection is in accordance with the leave.

Note     Pt 6.2 (Applications in proceedings) applies to an application for leave or an order under this rule.

    (5)     Unless the court otherwise orders, the registrar may allow the parties to inspect at the registry any document or thing produced unless the addressee, a party or someone else having sufficient interest objects to the inspection under this rule.

    (6)     If the addressee objects to a document or thing being inspected by any party to the proceeding, the addressee must tell the court about the objection and the grounds of the objection.

    (7)     The objection mentioned in subrule (6) must be made orally to the court on the return date for the subpoena or in writing to the court before or after the return date.

    (8)     If a party or person having a sufficient interest objects to a document or thing being inspected by a party to the proceeding, the objector may tell the court on the return date for the subpoena or in writing about the objection and the grounds of the objection.

    (9)     If the court receives an objection under this rule, the registrar—

        (a)     must not allow any, or any further, inspection of the document or thing the subject of the objection; and

        (b)     must refer the objection to the court for hearing and decision.

Note     The registrar may hear and decide the objection in some circumstances (see r 6253 (Registrar's powers—subpoenas)).

    (10)     The registrar must tell the issuing party in writing about—

        (a)     the objection; and

        (b)     the date, time and place the objection will be heard.

    (11)     The issuing party must, a reasonable time before the date the objection will be heard, tell the addressee, the objector and each other active party in writing about—

        (a)     the objection; and

        (b)     the date, time and place the objection will be heard.

    (12)     In this rule:

"usual order", in relation to a document or thing, means an order that the party given 1st access to inspect and copy the document or thing has exclusive access to the document or thing for 5 days after the day the order is made, then any other party to the proceeding has access to inspect and copy the document or thing.

Note     See r 6767 (Power to allow removal of exhibits etc) for the procedure for the removal of documents and things from the registry.