Subpoena

In just about most commercial litigation matters there will be documents in another party’s possession that you’ll want to see or there may be a person that you will want to compel to give evidence. Under the court rules there is a mechanism to order a party to produce documents to the court and in appropriate matters to force someone to give evidence. Essentially a subpoena is a court document that works as if it is an order of the court requiring the production of documents (or attendance of a witness).

The Principal Solicitor at our law firm has helped many clients obtain those documents relevant to a litigant's case by issuing carefully worded subpoenae to appropriate people such as the parties to the dispute and non-parties who have documents. Our law firm can also, if there are grounds for it, apply to set aside subpoenae that are for instance too wide and/or oppressive. Let us help you prepare a subpoenae (or oppose one) which will enable you to obtain documents relevant to your case (or not produce if the subpoena is open to criticism).

Litigant is committed to drafting your subpoenae and reviewing the documents produced with competence and trust whilst all the while remaining accessible to you as our client. With more than 10 years’ worth of experience helping litigants in Sydney with settling the scope of a subpoenae (and opposing subpoenae that are too wide) we should be able to get relevant evidence (or oppose production where not required).

Let us help you: -

• prepare a subpoenae to give evidence
• settle the scope of a subpoenae to produce documents / thing
• prepare a notice to produce
• clearly identify the name/document or thing that must be produced
• arrange service of the subpoena
• understand there may be a need to pay conduct money (and other costs) to the producing party (or witness that needs to give evidence)
• comply with a subpoena served on you
• understand how privilege works as it may affect which documents must be produced and which documents need not be provided
• file a notice of motion to set aside a subpoenae that is too wide/oppressive/an abuse of process

* This content does not purport to give legal advice. Readers must obtain their own legal advice, that applies to the particular circumstances of their case, before taking any action at all.