UNIFORM CIVIL PROCEDURE RULES 1999 - REG 418
Cost of complying with subpoena if not a party
UNIFORM CIVIL PROCEDURE RULES 1999 - REG 418
Cost of complying with subpoena if not a party
418 Cost of complying with subpoena if not a party
(1) This rule applies
if—
(a) a subpoena for production is directed to a person who is not a party
to the proceeding; and
(b) the court is satisfied that substantial loss or
expense has been or would be incurred in complying with the subpoena.
(2) The
court may order the party on whose behalf the subpoena was issued to pay all
or part of the losses and expenses, including legal costs, incurred by the
person to whom the subpoena is directed in responding properly to the
subpoena.
(3) The court may fix the amount payable under subrule (2) or it
may order the amount to be fixed by assessment.
(4) An amount payable under
this rule is in addition to an amount payable under rule 419.
(5) An order
under this rule may be made at the trial or hearing or at another time but in
all cases before the order is made finally deciding the proceeding at first
instance.
(6) If a party who is ordered to pay losses and expenses under
subrule (2) obtains an order for the costs of the proceeding, the court may—
(a) allow the losses and expenses to be included in the costs recoverable by
the party; or
