A subpoena to produce is a formal court order that requires a person or an organisation to produce specific documents or records to the Court. A person or organisation can receive a subpoena to produce; organisations may include banks, hospitals, phone companies or employers. 

Unlike a subpoena to attend and to give evidence, a subpoena to produce is focused on documents, not oral testimony. 

In New South Wales, a subpoena to produce is issued by a party in the proceedings and approved by the Court. 

Once properly served, the recipient must produce the requested documents by the date and time specified on the subpoena to produce. Documents are usually produced to the court registry, not directly to the party who requested them. The other parties in the proceedings can then inspect the documents, subject to any objections. 

A person or organisation can object to or set aside the subpoena if it is too broad, oppressive or seeks privileged information. 

A subpoena to produce is a court order, and a person or organisation should seek legal advice if they receive one. 

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.

See author's posts