CRIMINAL PRACTICE RULES 1999 - REG 34 Applying for costs

CRIMINAL PRACTICE RULES 1999 - REG 34

34 Applying for costs

(1) This rule applies if a subpoena is set aside or narrowed under rule 33 .

(2) The person who was served with the subpoena (the
"applicant" ) may apply to the court for an order that all or part of the applicant’s costs incurred in applying to have the subpoena set aside or narrowed be paid by—

(a) the party who served the subpoena; or

(b) if the court finds the conduct of the party’s lawyer in serving the subpoena was oppressive, vexatious or an abuse of process, the party’s lawyer.