Subpoenas

A subpoena is an order from a court, tribunal (or certain other bodies) requiring the party named in the subpoena to:

• attend the court or tribunal to give oral evidence; and/or
• produce a document, documents or other evidence to the court or tribunal.

To the extent that a subpoena requires the addressee to attend to give evidence, it is called a subpoena to attend to give evidence.

To the extent that a subpoena requires the addressee to produce a document, documents or evidence, it is called a subpoena to produce.

A subpoena must be complied with within the time frame specified in the subpoena. Not complying with a subpoena constitutes contempt of court, unless the recipient party successfully applies to have the subpoena set aside.

The University receives subpoenas from time to time that require it to produce documents. The OGC accepts service of subpoenas to produce on behalf of the University. Any subpoena to produce which is served on the University but not on the OGC must be immediately sent to the OGC to ensure that University procedures are followed in relation to it.

The OGC cannot accept service of subpoenas to attend to give evidence as such subpoenas must be served directly on the individual called upon to give evidence. To the extent that a subpoena to attend to give evidence is served on an individual within the University, and is relevant to the University, the individual should immediately contact the OGC for advice and assistance in relation to the subpoena.