Amendments to subpoena forms and processes in the County Court of Victoria commenced on 14 August 2023.
Chapters I and III of the County Court Civil Procedure Rules 2018 are revised as to subpoena forms and processes. The County Court (Chapters I and III Subpoena Amendment) Rules 2023 amend the prescribed civil and criminal subpoena forms.
The Rules now require subpoena recipients to respond using the eCase electronic case management system. The Registrar or Court must grant leave for any physical production. The eCase platform is mandatory for production, inspection, and objections.
The amended civil subpoena forms are:
- Form 42A Subpoena to attend to give evidence – minor amendment;
- Form 42AA Subpoena for production to Registrar – substituted form;
- Form 42B Subpoena to produce – substituted form; and
- Form 42C Subpoena both to attend to give evidence and to produce – substituted form.
The County Court Criminal Procedure Rules 2019 have also been amended.
The amended criminal subpoena forms are:
- Form 1D Subpoena to attend to give evidence – minor amendment;
- Form 1E Subpoena to produce – substituted form;
- Form 1EA Subpoena both to attend to give evidence and to produce – substituted form; and
- Form 1I Short service order subpoena – minor amendment.
From 14 August 2023, the Registrar will not issue any subpoenas that are not in the correct form. The new subpoena forms are available from the Victorian County Court website.
The By Lawyers Victoria guides County Court Litigation – Plaintiff and County Court Litigation – Defendant have been updated for the new subpoena forms and processes, including links.