Accessing information for use in legal proceedings

Subpoena

If you are involved in District or Supreme Court proceedings (criminal or civil), you can have a subpoena issued requiring a person to produce a document or item to the court. A subpoena may be issued (and served) to a person who is a party to the proceedings.

A person who is served with a subpoena may have grounds to object to the document or item being produced to the court. There are a number of grounds for objection including:

• the information is not relevant to the proceedings before the court
• the document is classified as legal professional privilege
• it would be contrary to the state or public interest.

If a person objects to the document or item being produced, the judge will decide whether or not it is to be produced.

In criminal proceedings, the rules relating to subpoenas are found in the Criminal Practice Rules 1999 (Rules 29 to 40). In civil proceedings, the rules relating to subpoenas are found in the Uniform Civil Procedure Rules 1999 (Rules 414 to 422).

Summons

A summons is similar to a subpoena. It is the document that is issued in Magistrates Court proceedings requiring a person to give evidence or produce a document.

If you are a party to court proceedings in a Magistrates Court and you wish to obtain a document or an item held by a government body that is relevant to the proceedings, you can have a summons issued (and served on them) requiring them to produce the document or item at court (s.83 Justices Act 1886).

A person who is served with a summons may have grounds to object to the document being produced to the court. A person can object to a document being produced on a summons on the same grounds as applies to subpoenas.

Section 134A of the Evidence Act 1977

If you are a party in civil proceedings, under section 134A of the Evidence Act 1977 (PDF File 878KB) you can apply to a government body to produce for your inspection documents that are in their possession and are relevant to an issue in the proceedings.

You may be required to pay a fee in accordance with s.6 of the Evidence Regulation 2007.

Notice of Non-Party Disclosure

In civil proceedings, a party to a proceeding may issue a Notice of Non-Party Disclosure to a person who is not a party to the proceedings (including government agencies). A notice requests a person to produce a document that is relevant to an issue in the proceedings and is in their possession or control. It must also be a document they would be required to produce at trial (Rule 242 Uniform Civil Procedure Rules 1999).

A person who has been served with a Notice of Non-Party Disclosure may object to producing some or all of the documents mentioned in the notice.

There are a number of grounds for objecting including:

• the information is not relevant to the proceedings before the court
• the document is classified as privileged
• the expense and inconvenience likely to be incurred in complying with the notice.

If an objection is made, the judge will decide whether or not it is to be produced.
If you are a party to civil proceedings and you wish to obtain documents or an item held by a government body that is relevant to the proceedings, and which they would be required to produce at trial, you can issue a Notice of Non-Party Discovery to them to produce the document or item at court.