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Practice Note No. 18

REPEALED -Exhibits and documents subpoenaed


                        PRACTICE NOTE 18
                Exhibits and Documents Subpoenaed

    1. This Practice Note applies only to civil proceedings.

    2. An Exhibits Office has been established on Level 6, Supreme Court, Queen's Square, Sydney.

    3. The Prothonotary will, in respect of proceedings in the Court of Appeal and in all Divisions -
        (a) receive, before the date for attendance specified in a subpoena for production, any documents which are produced pursuant to a subpoena;
        (b) return them and any exhibits in due course to the person entitled to them.

    4. Where proceedings have been adjourned, but not to a specific date, and there are. in the custody of the Prothonotary, documents produced pursuant to a subpoena or exhibits, the Prothonotary will, unless the Court otherwise orders, return them, after 28 days from the date of the adjournment, to the person entitled to them.

    5. The Prothonotary will return them with a notice to the effect that the proceedings were adjourned, but not to a specific date, and that the documents returned may be again required to be produced pursuant to a subpoena issued after the date of the notice.

    6. A copy of the notice will be kept in the Court file.

    7. Where Part 51 rule 19 applies (which rule relates to proceedings where an appeal lies from the decision in the proceedings to the Court of Appeal) exhibits will be retained under that rule.

    8. In this Practice Note -
        "Court" includes Master;
        "documents" includes things;
        “exhibit” includes a document or thing marked for identification, notwithstanding that It is not admitted in evidence.

    15th August, 1979

    Chief Justice

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