Subpoena

Issuing a subpoena

A subpoena for production must be addressed to the Chief Executive Officer (CEO) or to the Proper Officer. Subpoena not addressed in this manner may not be accepted.

A subpoena to give evidence must be addressed to the specific Council Officer who is required to give evidence in his or her capacity as an officer of Council. 

Service of a subpoena

A subpoena for production can be served in one of the following ways:

Subpoena fees

Service of a subpoena must be accompanied with payment of the lodgement fee. 

Processing and photocopying fees will apply for the reasonable cost of work done in complying with a subpoena for production.

The fee for a Council Officer to attend Court in his/her capacity as a Council Officer to give evidence is equal to the Officer’s hourly rate plus travelling expenses and parking fees.

Refer to Council’s Fees and Charges for the current fees.

Compliance time/return date

Please allow a minimum of 14 days for Council to locate and identify the documents that fall within the scope of a subpoena for production. 

If Council is unable to produce the documents on time, we will contact you or the Court prior to the return date, to seek an extension.

Description of documents

A precise description of the documents being sought can save time in searching and retrieving Council records. Overly broad requests may take significant time to comply with and will have associated cost implications.

Enquiry details

Any questions regarding a subpoena should be directed to:

Council’s Access to Information team