During the course of your family law matter you may have reason to consider the use of a subpoena. This may be the case if (for instance) your ex-partner won’t disclose relevant documents, or if you need a witness to appear or to provide evidence at a hearing or trial.

A subpoena can be filed by your lawyer to impel another party in your matter to:

  • Produce a document;
  • Provide evidence; and
  • Produce a document and provide evidence.

You must show the court that you have tried to obtain the evidence or documents before a subpoena will be considered.

It is important to note that a self-represented party cannot request a subpoena unless the Court has given prior approval.

If you are served with a subpoena be aware that there are penalties connected to non-compliance with its terms.

There are other important factors associated with the preparation and filing of a subpoena, including strict deadlines, that you need to adhere to and for this reason we urge you to contact us to discuss these in more detail if a subpoena is required.