Date:

11/01/2000

Supreme Court of New South Wales







SUBPOENA LIST PROCEDURE


PRELIMINARY MATTERS

On the bar table is a copy of the Court list and a computer printout which lists all the documents produced to the court, to date, in answer to subpoenas and notices to produce made returnable today. Practitioners should check the printout to identify if documents have already been produced to the Court.

Also on the bar table is a schedule of matters to be stood over. If you are the party who caused a subpoena or notice to produce to be issued and documents have not yet been produced to the court, you may stand the matter over to a further date in the return of subpoena list by completing the required details on the schedule. Ensure that you provide separately details of all the outstanding subpoenas or notices: if you fail to do so, the subpoena or notice to produce will lapse from the list.

Ensure that you are able to identify the number in the list, the division and the name of the matter when mentioning it before the Registrar. You should also be in a position to identify when the matter will next be before the court and the number of times that the subpoena or notice to produce has been stood over on previous occasions.

PROCEDURE BEFORE THE REGISTRAR

If access is contested, the matter will be stood over into the appropriate list for argument. If production is contested, a notice of motion must be filed in order to have the argument brought before the court. Directions in relation to the filing of a notice of motion or affidavit evidence may be sought from the Registrar.

Matters are not individually called. The Registrar will firstly call for the production of documents, then for any applications. It should be noted that, in the absence of a claim of privilege or any other application to the court, the general access order will apply.

GENERAL ACCESS ORDER

A general access order is made at the conclusion of the list with respect to all matters returnable on the day or adjourned to that date, where documents have been produced for which no claim of privilege has been made, and which have not otherwise been dealt with by the Registrar. The general access order encompasses access in accordance with Practice Note 107 with the restriction that uplifting access is not to be exercised within the 3 days preceding any hearing or trial.


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