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Subpeona - how to?

Hello all,

Can anyone direct me to information on this site or others regarding the rules around issueing a Subpeona? Looking for sound advice.
Its not that hard, just a lot of legwork

1: Download the forms http://www.familycourt.gov.au/wps/wcm/connect/FCOA/home/forms_fees/All+Forms/List+of+all+forms/FCOA_form_Subpoena

http://www.fmc.gov.au/forms/html/subpoena.html

2: Ring the organization you are subpoenaing and ask them for the correct person to serve (lots of companies will say address it to "the proper officer") It is VERY  important you get the name AND address correct

3: Fill out the form and be VERY specific on the information you want to subpoena, you dont have to put reasons, just what you want

4: Make copies of the subpoena for all the other parties.. ICL, Other side etc

5: Go to your registry and see the Duty Registrar, they will ask you the reason for your subpoena, they will then deny or allow it.

6: File the subpoena documents (this means get them stamped in the registry)

7: HAND DELIVER the subpoenas to the relevant people/compnies WITH THE FEE IF ANY (postal service is not good enough, you actually have to go to every place and serve them on the individual named in the subpoena or, pay a server to do it)

8: Serve the subpoenaed documents on the other parties (post is ok for this)

Be warned that, unless you have a VERY good reason, an SLR will only be allowed three subpoenas, so choose them carefully OR, sweet talk the Registrar…….. I did the latter, and got away with five

Be aware that most companies will charge a fee for preparing the documents AND for delivering them to the court……..These range from nominal, to VERY expensive. I found that if you don't mention the fee, they you MIGHT get away with not having to pay it…….. It worked for me…. I didn't even have to pay the police record fee…

If there are more subpoenas to issue than you are allowed, you might consider the following

1: Freedom of information act (can you get the documents via this method? It is often less complicated)

2: Write to the people you want to subpoena requesting the information first (you never know, they might say yes without it)The Registrar WILL ask you if you have requested the info from the parties BEFORE you filled out the subpoena

Remember, subpoenaing of documents DOES NOT mean you will get to see them, access to them can easily be denied….. so plan carefully

Once the documents are in the courts possession there is a hearing in which you ask for whatever access to the documents you want… This will usually only mean viewing in the exhibits room and NOT copying or taking home…. if you want to copy them, make sure you have a good case for allowing this

I Hope this helps

thanks

Last edit: by gooner


They must find it difficult, those who have taken authority as the truth, rather than truth as the authority

4mydaughter said
Yep… Are you in the Family Court or Federal Magistrates Court?

Where are you at in proceedings? What has been filed and when are the next courts dates?

Need information!

I issued about 16 subpoena's in my recent matter. It's fairly straightforward.
 
16 !!!! This is NOT the norm for an SLR, you were very lucky indeed……… I was pushing it with my five….

Id be interested to hear from other SLR's on how many they got in

They must find it difficult, those who have taken authority as the truth, rather than truth as the authority

gooner said
 
Gooner,

This is a great guide you provide. I am sure it will be used by many SRL's using this forum.

But I need to correct a few points, because as 4mydaughter suggests, there is in fact quite some difference between the Family Court and Federal Magistrates Court on how these matters are handled.

5: Go to your registry and see the Duty Registrar, they will ask you the reason for your subpoena, they will then deny or allow it.

**This is not the case if you are in the Federal Magistrates Court. In the FMC, you are essentially allowed five subpoena's without a gatekeeper like the Duty Registrar determining whether they are approved or not. It is essentially up to you.

7: HAND DELIVER the subpoenas to the relevant people/compnies WITH THE FEE IF ANY (postal service is not good enough, you actually have to go to every place and serve them on the individual named in the subpoena or, pay a server to do it)

**No, this is not necessary in all cases. Only those who will try and deny that they have been served. Call the intended recipient and ask if they would accept fax + postal or email + postal. How you serve is to a degree up to the recipient. Remember that you may require to subpoena an agency or department from the other side of the state or country, so hand delivery is not a must, although oddly the Family Court/Federal Magistrates Court literature suggests it is.

Be warned that, unless you have a VERY good reason, an SLR will only be allowed three subpoenas, so choose them carefully OR, sweet talk the Registrar…….. I did the latter, and got away with five

**Again, you basically get five subpoenas at the Federal magistrates Court. More than this and you will need permission of a Registrar.
Five is the stated number through the FMC. Use them wisely. You may not get more, especially if they appear vexatious.

Where possible, use the freedom of information act. Government agencies and private enterprise are required to disclose a lot of infomation and there is only (usually) a $30 or so fee for this service.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
  Artemis, for reference purposes, could you possibly indicate where such freedom of information requests can/or typically are made.

Given the nature of such disputes, I am finding it hard to think of any institution that could be subject to a FOI rqust, and be relevant to a family law proceeding.
Thank you everyone for the corrections
I only have experience in the FC and not the FMC

I wont amend but i hope people reading this gleam information from all posts

Im trying to be so careful on here, and if i stand to be corrected, i am learning something new

Last edit: by gooner


They must find it difficult, those who have taken authority as the truth, rather than truth as the authority

Hi All, I have been interested in this thread because it looks like I will have to be issuing Subpeona's myself, Non Disclosure on the part of my X.

More info on FOI

Isys said
Artemis, for reference purposes, could you possibly indicate where such freedom of information requests can/or typically are made.

Given the nature of such disputes, I am finding it hard to think of any institution that could be subject to a FOI request, and be relevant to a family law proceeding.


Suggestions include any information you want about yourself  saving subpoenas and easier than affidavits. Your personal information is generally free of charge.

You can get access to your mobile phone records, from the company, showing incoming and outgoing calls. Say you are claiming harassment from your ex?

You can ask the immunisation register and medicare for details of your child, under FOI.

If you have contacted DOCS, you can get these records of contact under FOI.

Local councils, the Education Department are some other ones.
Its just a tip  before you subpoena go to the departmental website and see what they will let you have under FOI.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
OK so I'm now up to applying for subpeonas - if all parties and the child attend the same medical practitioner - can I issue only 1 subpoena to the Dr requesting medical history on all 3 patients or do I need to do 3 separate applications? Oh ner- I just realised I can ask for mine and my child's records - I shouldn't need a subpeona for those… blonde day today :)

Also, if you have to request the issue of the information before applying for a subpeona - is this across the board? If you haven't, is it a reason for the Registrar to deny an application? Eg Police Record of another party is definitely not going to be issued without a subpoena so why bother sending an initial request? Same with other parties medical records.

EDIT/ Just got off the phone from Medicare - yes I can freely access my child's record BUT only for my Medicare number, not the father's. Our child is on both cards and therefore has 2 medicare records. Without her other medicare number I cannot access that part of her file. Of course, they can't tell me her other medicare record.. So now I wait to get her medical record from the GP and hopefully that will include her other medicare number so I can get the medicare info for free - otherwise I'll have to subpeona the medicare record after all. Hmm privacy act can be frustrating at times.. So note to all / keep a copy of all of your child's medicare numbers, it may come in handy one day.

Last edit: by LilsMum

1 subpeona to the medical practioner seeking medical records of all three.

What's this 'initial request' thing you talk about?

Are you talking about 'seeking leave to issue subpeona's'?

If you are in the Family Court and it is an LAT - you must seek the leave of the Judge (and i'm not referring to the docket Judge - who is a Registrar) to issue subpeona's.

Are you in the Family Court or FMC?

If in Family Court, are you in LAT? (Less Adversial Trial)

Are you proceedings for Final orders or Interim Orders?

Children's or property matters, or both?

4MYDAUGHTER
You may not be able to get medical records by asking. Doctors are very cagey about this. Ask first, then subpoena for the family members records on one Subpoena.

I would just subpoena the police records. You can ask your ex via a notice to admit facts of any police convictions, but this will probably yield 'conflicting' information.

If your daughter is not attached to your card, their may be problems getting access to those records.

It may be worth an in-person visit to medicare to get your daughter on your card also (for when she needs the doctor in your care) and to see what you can get through FOI.  For example, the online system does not show any of the visits on the other parent's card, but does show the immunisation register.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
"Initial request" - what I meant was that if the Registrar is going to ask if I have requested the information first before they issue the subpeona, if I haven't is that a reason for them not to issue the subpeona. I'm assuming that I need to send a request to the doctor (for instance) requesting the information on the other party prior to seeking the issue of a subpeona. Does that make sense?

I'm in the Federal Magistrates Court and am seeking Interim and Final orders for children's matters.

Thanks Artemis, my child is on my medicare card but is also on the fathers - I'm interested in the child's record on his card as there may be interesting information within it. I have the child's immunisation records but it doesn't include both of the child's medicare numbers. Under FOI I can only ask for the info for the child's records on the other parents card if I have the card number - which I don't at this point. Trying to get the card number through another avenue though.
Ok. So your next upcoming matter is an interim hearing?

Question: 1. What outcomes do you want to achieve from this interim hearing? (i.e. what orders.. and it sounds like they may include 'Specific Issue' orders relating to medical treatments, etc.)

Question: 2. How is the imformation you are hoping to gleem from issing subpeona's going to assist you gaining those outcomes? (i.e. orders)

So i take it you want to issue subpeona's to:

1. GP Records - The Child(s) (Are you planning on issuing subpeona for other parties medical files? if so, how does this reltae to the issues for condetermination? Is the other parties health an issue?)

2. NSW Commissioner of Police - both Mother & Father

3. Medicare - The Child(s) (The Child(s) number on the other parents card will be the same as yours. You simply subpeona the medicare records for the child by supplying child(s) name and DOB - you don't need medicare number)

Anything else. What about DoCS?

4MYDAUGHTER
Given that Lilsmum is getting assistance in her strategies from a senior mod,

Given that this forum IS PUBLIC,

Given that you have been warned before about interrogation style posts…..

Lilsmum would be advised not to answer these questions.

Not all family law cases have a linkage to DOCs. Subpoenaing DOCs on a fishing expedition is not advised. Given that you may only get 5 subpoena's one would want to use them wisely.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
I agree Artemis, these question should be for LilsMu to answer to herself only not on a public form.

They are likely to be what a Judge is going to be asking, so having the answers at hand before seeking the subpoena can help put the list of subpoenas into priority from, 1 to 10.

That way if 5 to 10 are not allowed the ones that will give the most evidence of best quality are sure to be in the Court.

The alternative is you could leave 1-5 as the ones you seek leave to serve as they are the ones of most importance so leave is more likely to be granted, your call.

Hey is this legal advice Sis?

Therefore can any of us say any of what we do on this site?
Artemis,

What planet are you on? Lilsmum has asked some questions. I am at work and trying to respond to his/her questions.

I'm not interogating her/him at all!!!

If Lilsmum is getting help from a 'senior mod' then why is Lilsmum asking questions in this forum?

Perhaps the 'senior mod' should advise the 'client' to post in the SRL Resource forum!

ARTEMIS - can you please arrange for my account to be deleted. I'm over it.

Last edit: by 4mydaughter


4MYDAUGHTER
NJ, there is a private SRL forum where all of these queries could be answered.

It's easy to forget where you are posting. I am protective of our members on this issue.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
ARTEMIS - can you please arrange for my account to be deleted. I'm over it.

I Hope that 4mydaughter is not over it, He was or is a positive influence to the FLWG, Yes he has made some mistakes as i have.

Sometimes we need to be pointed in the right direction, through my time here on this site and on many occasions i have found that the whisper function would have served its purpose well.

                                                   For all, PLEASE READ CAREFULLY AND THINK BEFORE YOU POST !

monaro said
ARTEMIS - can you please arrange for my account to be deleted. I'm over it.

I Hope that 4mydaughter is not over it, He was or is a positive influence to the FLWG, Yes he has made some mistakes as i have.

Sometimes we need to be pointed in the right direction, through my time here on this site and on many occasions i have found that the whisper function would have served its purpose well.

 For all,PLEASE READ CAREFULLY AND THINK BEFORE YOU POST!
An interesting observation but I think that 4MYD perhaps needs to reflects on his attitudes and calm down.

Why on Earth he thinks that Artemis can delete his account I dont know, nowhere does it say she is a site administrator.

Clearly he was going too far dispensing advice and he was typically OVERacting as 'The One Case Wonder' referred to in the powerpoint presentation that all us members of SRLR have access to.

He also made the comment "If Lilsmum is getting help from a 'senior mod' then why is Lilsmum asking questions in this forum"? which is rather strange considering he was doing the same and revealing private case details in public forums and I believe actually being asked not to.

SRLS need help not people pretending they are experienced at all aspects of the Court processes.

I totally agree with you, read carefully and think before you post and I would add, read the whole topic you are posting into!

And I believe congratulations are in order for you. One of the SRLR people told me you went through a very difficult time, persevered, got you head down and got a great result for your child thus proving that most things are possible if you put in the hard yards.

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