Subpoena/summons to produce

The information below is provided as a guide to those parties contemplating the issue of a Subpoena/Summons to Produce to the City of Coffs Harbour (the City) where the City 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, the City 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.

The City's 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 is to be paid to the City 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, the City 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 the City'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 "City of Coffs Harbour".

We suggest 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 the City in order to comply.

Adequate notice be given the City

We appreciate 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 us no less that 15 working days prior to the production/return date.

Please call the City's Governance Services for more information.