The following Supreme Court Practice notes provide specific directions in relation to the return of subpoenas, and need to be read in conjunction with any direction or protocol issued by the Chief Justice for appearances to take place in the Virtual Courtroom:
The civil forms in relation to the Return of Subpoena list are:
The criminal forms in relation to the Return of Subpoena list are:
For civil matters, all material produced to the Court should be submitted through NSW Subpoena Response. Once registered, guided on-screen prompts will assist you to upload your response to a subpoena. Subpoenas requiring the production of original material should be produced to the registry.
Documents in response to a Notice to Produce or an Order for Production cannot be uploaded through NSW Subpoena Response. All material produced in response to these requests should be emailed to email@example.com.
For criminal matters, all material produced to the Court should be emailed to firstname.lastname@example.org.
You are required to attach a copy of the subpoena form when producing documents.
Do not produce any original material to the registry or Court unless the subpoena asks you to do so.
Always retain a copy of any material produced to the Court.
Supreme Court Sydney, currently at 9:00am, Court 1A Queens Square Sydney. Appearances in the list are expected to be in-person unless you have received prior approval to appear by AVL. To apply for an AVL apearance, you must email email@example.com the following details before noon on the day before your appearance:
Subject line: Request to appear by AVL for [date of listing] in [list type] Body of email:
Court of Appeal/Court of Criminal Appeal/Bails/ Common Law/Equity/Corporations/Return of Subpoena
Reason for request (legally represented):
[ ] My firm is located at [insert suburb] which is more than 20km away from the Supreme Court registry[ ] I am unwell[ ] Other:
Reason for request (self- represented):
[ ] I reside at [insert suburb] which is more than 20km away from the Supreme Court registry[ ] I am unwell[ ] Other:
All active parties arecopied to this email
The registry will email confirmation of your approval to appear by AVL along with the URL you should use for the appearance.
The list is currently published as a PDF spreadsheet at the end of the daily court list which can be found on the NSW Supreme Court Website and is called in numerical order.
Consent orders are dealt with by the Registrar in open court at the listing and not before. If urgent access is required prior to the return date, you may send an email to firstname.lastname@example.org attention to the Registrar and marked Urgent. The email should include the case number, case name, a copy of signed orders, reasons why the matter is urgent and should state whether all other parties to the case and the subpoena recipient consent to early access. The Registrar will then decide whether access orders will be made in chambers or if the matter will remain listed.
Access orders and adjournment orders must be obtained from a Registrar in the Return of Subpoena list.
You must appear to seek access orders for:
Once access orders have been made you can apply to view the documents.
Where the packet number is recorded as "electronic", you may access, view and download the documents from the online registry once the access orders are made by the Registrar.
If you cannot view documents through the online registry, or a packet is recorded as "E-Filed" or the system prompts you to contact the registry, please send an email to email@example.com requesting a link to the documents.
If a physical packet has been produced, you will need to apply to the registry to inspect the packet. The application form may be obtained here.
Please note that appointments to inspect and access packets are twice a day at 11:00am and 2:00pm.
Alternatively, authorised copying companies may apply to access and copy the documents on your behalf. A list of current approved copier firms can be found here.
Application forms (as above) must be filled out and emailed to the Registry. Packets will then be made available within 24 hours.
If immediate or uplift access is required, you should inform the Registrar when the access order is sought so that appropriate orders can be made.
Once a matter has finalised any produced documents will either be returned or destroyed based on the information on last page of the subpoena submitted with the documents.
For any further enquires contact: firstname.lastname@example.org