New South Wales Consolidated Regulations

DISTRICT COURT RULES 1973 - SECT 53.22

53.22 Production by non-party

(1) This rule applies to a subpoena issued to a person who is not a party to the proceedings.

(2) A document or thing that may be produced to the Court under section 226 (1) of the Criminal Procedure Act 1986 may be produced to the registrar of the Court.

(3) If a subpoena for production requires the production of a document, but does not require the production of the original document, the person named may produce a copy of the original document.

(4) The person who produces a document pursuant to a subpoena must advise the registrar as to whether the document is an original document or a copy and must elect whether the document is to be disposed of by the registrar or returned to the person.

(5) If a document or thing is produced to a registrar, the registrar must:

(a) give a receipt to the person who produced the document or thing, and

(b) produce the document or thing as the nature of the case requires, or as directed by the Court.

(6) If a subpoena requires production of a document or thing on a date other than the date for hearing the proceedings, the registrar may, at any time after the hearing date, order that the subpoena has ceased to have effect and:

(a) in the case of an original document, or a thing, return it to the person who produced it, or

(b) in the case of a document that is a copy, return the document, or dispose of it, in accordance with the election of the person who produced the document.