Author

Alan Weiss

23rd March, 2020

Alan Weiss developed aussiedivorce.com.au after he experienced himself how devastating divorce proceedings can be. I witnessed firsthand my own future security, and that of my familys, being destroyed by acrimonious and costly divorce litigation. I created aussiedivorce.com.au to help people avoid an experience like this and lose thousands of dollars. Instead the aussiedivorce.com.au system will assist them in getting on with their lives.

A brief introduction on what is a Subpoena and how to apply for it

In a family dispute lodged before a Court of Law, evidence is very important in proving or defending your case.

Evidence makes up the bulk of your case. Arguments are used to prove a point but without Evidence it will be hard to convince the Court that they should render a judgment in the favour of a party.

There are times when the most important evidence that is crucial to the case is in the possession of the adverse party. In such a case, it will be hard to convince the adverse party to turn over or provide a copy of such evidence. That is why filing for a Subpoena is a good tactical maneuver for any party seeking the said evidence.

Subpoena is a legal document that is issued by the Court of Law upon filing of a party in a case lodged before its jurisdiction. It will compel a person to either produce a document or a thing or to give a testimony at the trial proper. This document, thing or testimony can be used as an evidence in the cause of a party.

The three types of subpoena are:

  • Subpoena for Production;
  • Subpoena to give Evidence; and
  • Subpoena for Production and to give Evidence.

In filing a Subpoena, the party applicant must make attempts to the adverse party to produce the evidence that he needed. If he fails to acquire the said evidence, he may file the subpoena properly before the Court. He must complete a form titled Subpoena which must be approved by the Court. Unless otherwise ordered by the Court, no subpoena may be served on a person below 18 years old.

A letter request may be required from the party applying for a Subpoena. The letter must state the supporting arguments on why a Subpoena is necessary and it must indicate that the evidence being sought is important to the just resolution of the case.

A subpoena cannot be issued if the applicant is represents himself to the case, unless the registrar has given his prior approval there to and if the evidence that is needed to be produced is in the custody of another Court.

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