Subpoena

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:

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 OfficerGeneral Counsel
Date Approved17 February 2010
Approval AuthorityGeneral Counsel
Date of Commencement17 February 2010
Amendment History13 May 2014 – updated Checklist
Date for Next ReviewFebruary 2013
Related DocumentsLegal Services Policy
Legal Advice Procedure
Legal Professional Privilege Guideline
Legal Instruction Checklist
KeywordsSubpoena, Solicitor, Legal, Counsel
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