Step by step guide - Subpoenas

In the Small Claims Division of the Local Court, you can’t file and serve a subpoena unless the court has given you leave (permission) to do this. 

If you want a subpoena, you should ask for leave at the pre-trial review. You will need to explain why you need the subpoena. If you are not sure whether you need a subpoena you should get legal advice. 

If the court gives you leave to file and serve a subpoena, you will need to complete one of the forms listed below depending on the type of subpoena you need: 

• ​​​Form 25 - Subpoena to attend to give evidence
  
• Form 26A - Subpoena to produce with subpoena notice and declaration
  
• Form 27A - Subpoena to give evidence and produce with subpoena notice and declaration.
  

You can get copies of the forms from: 

• ​​​any Local C​ourt​ or
  
• the Uniform Civil Procedure Rul​es (UCPR) forms website.
  

You can also complete and file this form online using the NSW Online Re​gistry​. 

Instructions: ​Instructions - subpoena to produce
Instructions: Instructions - subpoena to attend to give evidence

​Sample: ​​Sample subpoena to produce
Sample: Sample subpoena to attend to give evidence – plaintiff
Sample: Sample subpoena to attend to give evidence – defendant

The subpoena form must be addressed to a person. If you want to get documents from an organisation or a company you will need to use the words 'To the Proper Officer' followed by the name and registered address of the organisation or company.

You can contact the organisation or company to find out their registered address. For more information on finding a company's registered address, see Identify the other party, in Making a claim.

If the subpoena is for the production of documents, you need to clearly describe which document or documents you are asking for. 

When you have filled out the subpoena form, you need to make three copies of the subpoena and send or take it to the court.

The filing fee is $121.00 for an individual and $242.00 for a corporation (as at 1 July 2023).  For more information, see Fees on the Local Court of NSW Website.   

The court will fill in the date that the documents have to be provided by and/or the date to attend the hearing. The court will also fill in the last date for serving the subpoena. 

Sometimes, you might need to apply for an extension of time for the service of a subpoena. For example, you find out about new evidence a few days before your hearing date and you don’t have time to comply with the standard rules.

A court may order short service if it is satisfied that it is in the interests of justice to do so. Any order made for short service must be attached to the subpoena and served.

If you are considering applying for an order for short service of a subpoena, you should get legal advice.

To apply for an order for short service, you will need:

• a Notice of Motion form and
  
•  an affidavit in support of your application.
  

You can get copies of forms from:

• your nearest local court or
  
• the Local Courts website.

Samples: 

• Sample Notice of Motion for short service of a subpoena
• Sample Affidavit in support of short service

A subpoena form must be served on or before the last date for service that the court has written on the subpoena.

Service on the subpoena recipient

The subpoena form must be personally served on the person it is addressed to. You can do this by:

• ​​handing it to them or to someone at their residential or business address who is over the age of 16, or
  
• leaving it with them and telling them what it is, or
  
• posting it to the residential or business address of the person being subpoenaed, if it is a subpoena to produce. 
  

​You can pay for a professional process server to serve the subpoena form or do it yourself. 

When you serve the subpoena you must also give the person or organisation you are serving with the subpoena some money, called 'conduct money'. The amount must be enough to cover the cost of travelling to and from the court or the cost of looking for, photocopying and sending the documents to the court. 

Many organisations will have a set amount for conduct money. You should contact the organisation before serving the subpoena form to make sure you provide enough conduct money. 

Service on the other party

A copy of the subpoena must also be served on the other party. It should be served at least five days before the date specified in the subpoena. This can be done by:

• ​handing it to them, or
  
• leaving it with a person over the age of 16 at the home or business of the defendant, or
  
• posting it to the defendant's address for service.
  

If you win your case, you may claim for witness expenses, which would be added to the amount of any judgment in your favour.