How to issue a subpoena on one or more recipients
This demonstration will briefly step you through the process for filing a subpoena on one or more recipients. Through the NSW Online Registry you are able to file multiple subpoenas of the same type on the same case or proceeding.
Video transcript for issuing subpoenas on one or more recipients
This NSW Online Registry video will step you through the process for issuing a Subpoena on one or more recipients, including steps to:
- Find your case and access the form
- Attach documents
- Issue multiple subpoenas on the one case
- Access the approved forms following lodgement
You can click on any dot point on screen now to skip ahead to that section of the video.
[Home page of the NSW Online Registry website displays]
From the home page of the Online Registry website, click Login
Enter your username and password, then click Login
The Search case list screen displays. Enter search criteria to locate your case.
[user enters a surname and year]
Remember to tick the box if your case has not been actioned within the last 6 months.
Click Search case list
The search results will display. If the case cannot be located, you may need to add yourself to the case by clicking Add a case
Please note that if you’re representing yourself in a case, you will not be able to complete this process online. This is because you must first obtain leave from the Court to issue a subpoena on any person. If you are representing yourself, you should contact the specific registry in which your case is being heard for assistance.
To access the subpoena form, click the file form icon
A pop up window will display. Select the radio button beside the proceeding
[user selects the first of two proceedings]
A list of available forms for that proceeding will display below. Scroll down to locate the Subpoena forms Select the appropriate subpoena form from the list
In this example we’ll step through the process for filing a Subpoena to Produce Items Before Hearing, or UCPR form 26A
[User clicks form name and the form displays]
A Subpoena is used to request a person bring certain documents or items before the court hearing. The subpoena will be listed in court so that appropriate access orders can be made.
If you need to issue the same type of subpoena multiple times in the one proceeding, you can do this quickly and efficiently online without having to search for the case repeatedly. This option will be demonstrated later in this video.
If you require additional legal support, please contact LawAccess NSW or see information about subpoenas on the Law Assist website.
[Law Assist phone number is highlighted – 1300 888 529]
As this form is filed on an existing case, the case information is pre-populated, scroll down to the Subpoena recipient information
Here you must enter the name and service address of the subpoena recipient. The subpoena recipient is the person who has to produce or supply the documents or items to the Court by the date you specify
Once you’ve entered the subpoena recipient details, you need to select the Proposed Access Order details form the drop down list
For this example, we’ll use the 1st Access Plaintiff
If you want to propose an order other than what is in the list, you will need to file the subpoena at the registry
Next, select the listing date for the subpoena. This is the date upon which you either expect the subpoena recipient to return the material to the Court, or appear to contest the subpoena.
It’s important that the date you select here is identical to the date on the document you have already prepared.
[User selects a date from a calendar]
If you’re issuing a subpoena in the District or Supreme Court, you may select any day of the week (excluding public holidays and court vacation periods). This is because the Supreme and District Court hold a subpoena list each day.
However, in the Local Court, Subpoena matters are only heard on certain days of the week.
Be sure you know which day the listing court hears subpoena matters; If you choose the incorrect date, the registrar may not deal with the matter on the day you have selected.
If you are unsure about which day (or date) to select, please contact the registry before proceeding.
Click Next to continue
[The Attach the signed form screen displays]
You will need to upload a signed, completed version of UCPR form 26A. Your completed form should state the listing date, time, place and the last date for service of the subpoena
Please note that the subpoena you upload MUST contain the same information you entered in the online form and you should ensure that you have inserted the last day for service of the subpoena on the recipient in accordance with Part 33 of the Uniform Civil Procedure Rules (if the recipient is located in NSW), or Part 3 of the Service and Execution of Process Act (if the recipient is located elsewhere in Australia). If you have left this date blank, you can save the online form as a draft then update the document you’ve created.
Then click Browse
[A pop up window displays the user’s computer directory drives, with a PDF subpoena document ready for upload]
Locate, then select the signed PDF version of the subpoena form
Then click Open
[The selected subpoena now displays in the list onscreen]
When the subpoena has been attached, click Next to continue
You now have the option to fill out another subpoena of the same type on this case, or continue to payment
If you click Fill out another subpoena
[User click Fill out another subpoena]
You will be taken to the start of the online form.
There is currently no limit to the quantity of subpoenas that can be filed online, so you may repeat these steps as many times as required for that case.
To pay for the subpoena form, or any additional forms filed, click Payments
Your form(s) are now awaiting payment. Please note that your forms have not been submitted to the court until that payment is made.
To complete the payment and submit the forms, select the forms
[User selects the subpoena form from the list]
Then click Next. This will step you through our secure credit card payment facility.
Once your payment has been received, it should only take a few minutes for the court to formally approve your submission (although in some instances it may take up to 10 minutes).
When approved, you will receive an email to confirm your submission.
Thank you for watching. To access the Online Registry, go to onlineregistry.lawlink.nsw.gov.au
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