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Subpoenas

Information about subpoenas in criminal cases in the Local Court of NSW.

  • This topic covers

    This topic covers

    • Subpoenas in criminal proceedings in the Local Court of NSW, including Apprehended Violence Order (AVO) matters
    • Witness expenses and support services for witnesses
    • Service and non-compliance with a subpoena

    The information in this topic does not apply to civil or family law proceedings.​

Time limitAction
A reasonable time and at least 5 daysTo serve a subpoena in criminal or AVO proceedings before the court date. An exception to this is where a registrar gives permission for a subpoena to be served with less than five days' notice.

Organisation

OrganisationResponsibilities
NSW CourtsCriminal charges will generally be heard in the Local Court. More serious matters can be heard in the District Court.

Legislation

AuthorityCovers
Criminal Procedure Act 1986 (NSW)Procedures for subpoenas in Local Court criminal or AVO proceedings.
Criminal Procedure Regulation 2010 (NSW)
Local Court Rules 2009 (NSW) 

Common termDefinition
Conduct moneyAn amount of money that must be paid to the person served with a subpoena (if the person issuing the subpoena is not a public or police officer). The money is to cover expenses for going to court to give evidence and/or producing documents or things to ​the Court. A public officer or police officer who issued the subpoena does not have to pay you conduct money before you comply with the subpoena, but you can later apply to them for your reasonable expenses to be paid.
Expert witness

A witness with knowledge or qualifications in a specific field that can give evidence to help the Court determine issues in dispute. 

For example, if there is an issue about a person's medical condition, a doctor or medical specialist might be subpoenaed to provide their professional opinion/knowledge. They could also be subpoenaed to provide a medical report to the Court.

Subpoena

An order from the Court that tells a witness that they must:

  • attend court to give evidence and/or
  • provide documents to the Court.
WitnessA person who saw, heard or experienced something. A witness can be subpoenaed to give evidence at court, provide documents to the Court, or both.

OrganisationFee
Local Court of NSWIssuing a subpoena, see Local Court of NSW - Fees.

OrganisationForms
Local Court of NSWSubpoena forms
The person who issued the subpoenaTo claim conduct money to cover your expenses to comply with the subpoena issued by an ordinary person, you should contact that person about the issue or get legal advice.
Office of the Director of Public Prosecutions (ODPP)

To claim conduct money to cover your expenses to comply with the subpoena issued by a police officer or Office of the Director of Public Prosecutions (ODPP), you need to complete a form. The form is available from the police or the ODPP.

TypeCosts
Witness costs

You are entitled to conduct money to cover your expenses to comply with the subpoena if it was issued by an ordinary person. These expenses are to be equivalent to the Scale of allowances paid to witnesses.

If you are a witness for NSW Police, or the ODPP or a public officer, you can also claim a limited contribution towards lost income or wages, travel or accommodation. For more information, see Witness entitlements and claims on the ODPP website.

Woman working on computer

Frequently Asked Questions

Frequently Asked Questions about subpoenas.

Go to questions

Our services

Contact us

Call us on 1300 888 529 between 9am and 5pm, Monday to Friday (excluding public holidays). Legal Aid NSW offices that provide criminal law advice can advise about subpoenas.

Sexual assault communications privilege service

We support sexual assault victims to claim the privilege when their confidential records are subpoenaed.

More services

Aboriginal Legal Service

The Aboriginal Legal Service (ALS) can help Aboriginal and Torres Strait Islander people across NSW and the ACT.

Community Legal Centres NSW

Community legal centres give free and confidential legal help to people in need.

Solicitor Referral Service

If you need help and are looking for a law firm, the Law Society of NSW Solicitor Referral Service (SRS) can provide you with a referral.

Last updated: November 2023