Subpoena
SUMMARY
The Subpoena Procedure establishes the University's requirements with respect to the timely response to subpoenas served on the University.
PROCEDURE
Purpose | To assist with the timely response to a subpoena served on the University.
This procedure requires actions by the following:
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Procedure | DEFINITION
A subpoena is an order from a court or tribunal requiring the party named in the subpoena to:
- attend the court or tribunal to give oral evidence, and/or
- produce documents or other evidence to that court or tribunal.
PRODUCE DOCUMENTS
The University receives Subpoenas requiring it to Produce Documents. The General Counsel’s Office accepts service of Subpoenas to Produce on behalf of the University. If a Subpoena to Produce is served on the University, but not on the General Counsel’s Office, it must immediately be sent to the General Counsel’s Office to ensure that appropriate procedures are followed. ATTEND TO GIVE EVIDENCE
The General Counsel’s Office does not accept service of Subpoenas to Attend to Give Evidence. Those subpoenas must be served directly on the individual required to give evidence. |
Staff member | Comply with the subpoena within the time frame specified in the document. Failure to comply with the subpoena is a contempt of court unless the recipient has been successful in having the subpoena set aside. If a Subpoena to Attend to Give Evidence is relevant to University litigation or to the University generally, the recipient of the Subpoena to Attend to Give Evidence should contact the General Counsel’s Office for advice and assistance regarding that subpoena. |
| General Counsel | Provide advice and assistance to staff who have been served a subpoena. |
Procedure Information
| Contact Officer | General Counsel |
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| Date Approved | 17 February 2010 |
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| Approval Authority | General Counsel |
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| Date of Commencement | 17 February 2010 |
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| Amendment History | 13 May 2014 – updated Checklist |
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| Date for Next Review | February 2013 |
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| Related Documents | Legal Services Policy
Legal Advice Procedure
Legal Professional Privilege Guideline
Legal Instruction Checklist |
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| Keywords | Subpoena, Solicitor, Legal, Counsel |
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