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subpoenas for final hearing


i have a final hearing set down for middle of next year and i would like to know how do i go about getting subpoena's into the final hearing as evidence?

thanks in advance

Hi subpoena process is quite simple.  There is guidance on either federal magistrates court and family law web site.

What type of information are you requesting?  medical records, police information, have slightly different rules.  The subpeona request must be specific, and not a mere fishing trip.  Subpoena information should only support your case and not be the primary evidence as this is your affidavit.

An objection may be made by any of the parties to the case, including who the subpoena is being served on.   A copy of the subpoena must be sent to all parties.  The subpoena when served, must also contain conduct money so that some of the cost of providing the documents or attending court is covered.

finally, when the material is sent to court, and there has been no objection lodged, then usually, you can apply to inspect the documents.  Again the respect websites have the necessary forms for your application to inspect.

good luck!
thanks EMW1965

sorry to confuse you

what i meant is that there are already subpoenas in the FMC which i wish to use in my hearing, how do i get them from the "file room" to the court room to assist me in the hearing, ill look for some forms on the FMC website

dont want to leave it to the last minute

Hi Overwhelmed

Thanks for your response.  I recommend that you enquire with the Court registry to determine whether or not if an objection has been lodged in relation to the subpeona's that you have served and that the information has been returned.

In particular, if there has been no objection, then you can complete a 'notice of request to inspect in accordance with FMC Rule 15A.13(1)' and the Court administrators will again check the register and usually will provide the documents under the subpeona.

As I mentioned in my earlier post, there are more rules associated with medical information, police records etc.

In relation to photocopying of the documents, I personally haven't gone through that process before requesting the Magistrate to consider entering the subpeona material into evidence.  Usually at this point of time, you will have sufficient idea from the inspection to introduce your line of arguement or evidence by reference to it in your affidavit.

Cheers EMW1965
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