Subpoenas- Part 2
In part 2 of this VLOG Amy continues to provide information about subpoenas in Family Law matters.
What are the costs of issuing a subpoena?
When issuing a subpoena, or complying with a subpoena, there are legal costs involved which need to be factored in, including: –
- Filing fee – which is currently $55 in the Family Court.
- Conduct money (for the production of documents) – if a party is required to produce documents in compliance with a subpoena, the issuing party is required to make payment of conduct money, being an amount that covers the reasonable cost of complying with the subpoena such as copying and collating the documents. The amount of conduct money must be at least $25.
- Conduct money (for an appearance in court) – If a subpoena requires a party to attend court to give evidence, the issuing party must pay conduct money sufficient for return travel between the subpoenaed party’s place of residence or employment (as appropriate) and the Court. The issuing party must also pay a reasonable allowance for accommodation and meals during the estimated time of personal attendance at the hearing or trial.
- Conduct money (witness) – you are also required to pay witness fees for each person you subpoena to attend court, which is often a standard fee of $75, if the party is required to take some time off work. If the subpoenaed party is an expert, there may be higher fees that are required to be paid.
- Further, if documents are produced to the court and your solicitor is inspecting the documents on your behalf, then you will also have to pay the costs of the time your solicitor has spent inspecting those documents and reviewing them.
What are the consequences of non-compliance?
In terms of the consequences of non-compliance, a subpoena if issued to a party is quite serious. If you do not comply with a subpoena that has been issued, then the following may occur as a consequence:
- A warrant for your arrest may be issued.
- You may be liable for the costs of the party who issued that subpoena if you fail to comply.
- Other penalties such as a bond, paying a fine, and in more serious circumstances, a penalty of imprisonment.
If you have any questions or should you need any assistance please do not hesitate to contact us at Southern Waters Legal.