A subpoena is a formal court order that legally requires a person or organisation to attend court to give evidence or produce specific documents or records. Types of subpoenas include a subpoena to produce, a subpoena to attend to give evidence, and a subpoena to produce and to attend to give evidence.

Subpoenas are commonly used in both criminal cases and family law proceedings. 

In New South Wales and the Federal Courts, a subpoena is generally issued by a party to the proceedings but must be approved by the Court. For example, parties in a proceeding can include the prosecution, the defence counsel or parties in a family law dispute. A subpoena may only be issued with the leave of the Court. 

The issuing party of the subpoena bears the onus to demonstrate that the subpoena has a legitimate forensic purpose relating to the issues in the proceeding.

Once properly served with a subpoena, a party is legally required to comply. Failing to comply with a subpoena without a lawful excuse can result in being held in contempt of court which may lead to arrests, fines or imprisonment. 

A party can object to or challenge a subpoena by a specific date if it is too broad, oppressive or seeks privileged information. This can include communications between a lawyer and a client. 

A subpoena is a legal tool used to obtain evidence or witness testimony. Ignoring a subpoena can result in serious consequences. 

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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