Subpoena/Summons to Produce

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Subpoena/Summons to Produce

Guidelines to parties issuing Subpoena/Summons to Produce to Council where Council is a not a party to the proceedings

The information below is provided as a guide to those parties contemplating the issue of a Subpoena/Summons to Produce to Council where Council is not a party to the proceedings.

Conduct Money

Before a Court will act to enforce a subpoena/summons, the party requesting the production of documents must tender an appropriate amount of "conduct money".  As a non- party to the proceedings, Council is entitled to be paid for its loss and expense in complying with a Subpoena/Summons to Produce.  The amount tendered must cover the "reasonable expenses" that might be incurred in searching for and producing the documents to the Court.

Council’s adopted Fees and Charges prescribes an hourly fee for staff time spent dealing with a Subpoena/Summons to Produce, copying charges and courier/postage fee.

Conduct money of $120 is to be paid to Council at the time the Subpoena/Summons to Produce is served and represents the first 2 hours of staff time to deal with a Subpoena/Summons to Produce.  If the correct conduct money is not tendered when a subpoena/summons is served, Council will seek payment of the balance due after service of the Subpoena/Summons to Produce is accepted.

A letter is dispatched to the requesting party on acceptance of a Subpoena/Summons to Produce to advise of Council’s charge rates and fees.

A tax invoice will be issued to the requesting party if there is any outstanding conduct money, processing fee or charges.  An itemised list of the relevant rates and charges will accompany the tax invoice.

Cheques should be made payable to "Coffs Harbour City Council".

Council suggests that an issuing party should carefully consider the scope of a Subpoena/Summons to Produce where significant resources would be required to be committed by Council in order to comply.

Adequate notice be given to Council

Council appreciates being given adequate notice in order to respond to a Subpoena/Summons to Produce.  A Subpoena/Summons to Produce usually specifies that the information should be lodged at the relevant court with at least 2 clear days before the production/return date.  Ideally, a Subpoena/Summons to Produce should be lodged with Council no less that 15 working days prior to the production/return date.

Please call ​Council’s Governance Services on 02 6648 4211 for more information.