When is the deadline for last date for service of a subpoena?
The catalogue records a 5 working-days period from The earliest date the addressee is required to comply with the subpoena (counted backwards). 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 working-days
- Trigger
- The earliest date the addressee is required to comply with the subpoena (counted backwards)
- Counting
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- "an earlier or later date fixed by the Court" (r 156.3(8)(a)(ii)).
- "business day" is defined in UCR r 2.1 as "a day other than a Saturday, Sunday or public holiday". For interstate service, s 30(1) of the Service and Execution of Process Act 1992 (Cth) requires not less than 14 days between service and the compliance day unless the court allows a shorter period under s 30(2). An addressee must comply notwithstanding non-personal service if by the last date for service the addressee had actual knowledge of the subpoena and its requirements (r 156.7(4)). Corrected on verification: the researched entry counted this as clear days. The rule does not say 'at least 5 business days before'; it says the last date for service 'is the date 5 business days before the earliest date the addressee is required to comply with the subpoena'. That identifies a specific date, reached by counting back 5 business days from, but excluding, the compliance date (UCR r 2.2(3): the day of the event is not counted). A clear-days count places the last date for service one business day earlier than the rule provides, and the date must also be specified in the subpoena itself under r 156.3(8)(b), so an incorrectly calculated date is on the face of the document. Source: Uniform Civil Rules 2020 (SA) r 156.3(8) and r 2.2(3), consolidation current to 15 March 2026 published by the Courts Administration Authority.