When is the deadline for last date for service of a subpoena?
The catalogue records a 5 days period from The earliest date the addressee is required to comply with the subpoena. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 5 days
- Trigger
- The earliest date the addressee is required to comply with the subpoena
- Counting
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- The Court may fix an earlier or later date under r 24.13(8)(a)(ii); r 1.39 also applies.
- Counted backwards from the compliance date. Because the period is 5 days, r 1.61(3) applies and non-business days in the place of service are not counted; r 1.61(5) also applies. Consequence: under r 24.17(2) an addressee need not comply if the subpoena is not served on or before the last date specified, unless the addressee has actual knowledge of the subpoena and its requirements by that date (r 24.17(3), r 24.23(2)). Conduct money must also be tendered a reasonable time before compliance (r 24.17(1)). Corrected on verification: the researched entry stated that an addressee served after the last date must still comply if the addressee had actual knowledge of the subpoena and its requirements by that date, citing rr 24.17(3) and 24.23(2). Those subrules do not qualify r 24.17(2). Rule 24.17(3) of the Federal Court Rules 2011 (Cth) displaces the PERSONAL service requirement in r 24.16(1), and r 24.23(2) does the same for contempt; both require actual knowledge by the last date for service and neither excuses service after it. Missing the last date for service is therefore a complete answer to the subpoena under r 24.17(2).