What is a Subpoena? A ‘subpoena’ is a legal document issued by the Court at the request of a party. A subpoena compels a person to produce documents and/or give evidence at a hearing or trial. There are three types of subpoenas: Subpoena for production of documents; Subpoena to give evidence; and Subpoena for production of documents and to give evidence. Documents or evidence produced under subpoena is protected by the principle of ‘implied undertaking’ (or legal promise) founded in...
Subpoenas in Family Law Matters It is common in family law proceedings for Subpoenas to be issued to third parties seeking information that is relevant to the proceedings. Such information is considered to be independent and can be very useful in proving or substantiating a parties claim. In the case of property settlements, subpoenas may be required to be issued to a bank or accountant for documents relevant to the dispute, perhaps if it is suspected that a party is...
