Subpoena

This form is used by a party to ask the Court to issue a subpoena. A subpoena is a legal document issued by the Court.

A subpoena can issue to ask a person to:

  • Produce documents
  • Give evidence
  • Produce documents and give evidence.

It is important to read the Notes on pages 4-6 of the Subpoena form before you complete it.

Filing with the Court

Family law proceedings

This form must be filed at the Court registry where the matter is being heard. This cannot be eFiled on the Commonwealth Courts Portal. For a list of the filing email addresses and postal addresses see Court registry.

NOTE: For special filing measures during COVID-19 refer to section 2 of the FCFCOA Practice Direction – COVID-19 Special Measures.

General federal law proceedings

Once complete, you need to file the Subpoena with the Court. It should be filed electronically using eLodgment, unless it is not reasonably practicable to do so.

Service

Once filed, the Subpoena must be served on each other party, any interested person and any independent children’s lawyer in the proceeding. Details about the service requirements are included in Notes 6-15 of the form.

For more information about service in family law proceeding see How do I serve family law documents?.

For migration and general federal law proceedings, see the details about service in each area of law:

Legal advice

To understand your legal rights and responsibilities you should obtain legal advice. A lawyer can explain how the law applies to your case and assist you to complete forms and lodge documents. The Court is unable to provide legal advice because to do so would seriously compromise its ability to impartially determine your case. There are several free services available. For more information see:

Practice Direction