New South Wales Consolidated Regulations

DISTRICT COURT RULES 1973 - SECT 53.23

53.23 Subpoena may be set aside

(1) A notice of application to set aside a subpoena (either wholly or in part) is to be in the approved form.

(2) A copy of the notice of application must be served by the applicant on the party on whose request the subpoena issued, either personally or by forwarding a copy by post to the address of the party as shown on the subpoena.

(3) A copy of the notice of application must also be filed by the applicant with the Court before which the subpoena is returnable.

(4) Unless leave is granted by the Court, the time for filing and serving the notice of application by the applicant in accordance with this rule is not less than 3 days before the date that the subpoena is returnable.

(5) An applicant seeking to set aside a subpoena must appear before the Court on the date that the subpoena is returnable to allow the Court to deal with the application.