A subpoena to attend is a formal court order that legally requires a person to attend court on a specific date and time to give evidence as a witness. 

In New South Wales, it is issued by a party to the proceedings, either criminal or family law proceedings and the subpoena is approved by the Court. 

Once the subpoena is properly served upon a person, they are legally compelled to appear in court. The person must bring any documents listed in the subpoena, if any. The person must be prepared to answer questions under oath at court. 

A failure to attend court or a failure to comply with the subpoena without a lawful excuse is a serious matter. It can result in a warrant for a person’s arrest and they can be held in contempt of court. 

A person can apply to the Court to have the subpoena set aside if it is unreasonable, oppressive or the person has a valid legal objection such as privilege. 

If the subpoena requires a person to attend to give evidence, a person must attend court on the date specified on the subpoena. If  a person objects to the subpoena they may make an application to the Court to have the subpoena set aside in whole or in part.

A subpoena to attend is not a request. It is a binding court order. It must be taken seriously and a person should seek legal advice. 

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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