Civil Court - Subpoena

"The documents or things you must produce are as follows ..." Subpoena to the operator of a retail business (a restaurant), seeking documents to identify the business's purchase and sale price, its true turnover, and its true value. The purchase and sale of businesses sometimes leads to litigation. There may be a dispute over what the contract of sale actually promised, in terms of turnover or the value of goodwill. Or sometimes a business operator may claim that their business was harmed by something that diverted the passing trade or harmed the goodwill.

"The documents or things you must produce are as follows ..." In many sorts of litigation, when there is a natural person on the other side, you want to know their personal financial situation. They might be arguing that you wronged them by reducing their earning capacity, or that you exploited their vulnerable economic position. Of course, you might expect that you will have an opportunity to cross-examine them on the witness stand. But if you don't have some solid knowledge beforehand, you won't know what answers to accept, and what answers to test or contradict.

"The documents or things you must produce are as follows ..." Subpoena to an employer, seeking records of employment of a worker (Fred Nurk). If a workers' employment contract, hours, wages, payments and so forth are in issue, then the employer should possess a lot of a documents relevant to that issue. Some documents are a matter of normal business practice, others are a legal requirement. This subpoena looks for some of those documents, from Corporation Pty Ltd relating to Fred Nurk, employee. The subpoena should be addressed to 'the proper officer' of the corporation.

"The documents or things you must produce are as follows ..." An interesting example. A very simple document where you want a doctor to give you his/her notes/records relating to the treatment of his/her patient.

Subpoena to a corporation seeking documents on their financial position. "The documents or things you must produce are as follows ..." A corporation's financial health might become an issue in proceedings. It might allege it has suffered economic loss, such as loss of goodwill. Its employment practices and contracts might also become an issue. There might be an issue over the employment status and authority of a particular employee.

"The documents or things you must produce are as follows ..." Details for a Subpoena to a solicitor seeking a file, relating to a client. Solicitors are one professional group who you can safely assume do hold one comprehensive file in relation to a particular client. However if the client has had different types of legal matters, the solicitor might have a different file for each matter. This subpoena asks a solicitor to produce a client's file.

The documents or things you must produce are as follows ...Insurance is a contract under which the insurer promises to compensate the insured if the insured suffers a defined type of loss - such as fire damage, property theft, sickness, and so forth. The terms of the contract are found in the insurance policy. After these losses occur, insurers sometime annoy claimants by offering a sum of compensation that the insured thinks is inadequate.

"The documents or things you must produce are as follows ..." Subpoena to an importer of goods, seeking records of imports and exports of live eels. In drafting subpoenas, it helps to know the exact types of documentation which the producing party normally acquires in the course of its business. This subpoena is addressed to an importer. Whenever you subpoena a corporation or business in a highly specialised undertaking, you need to describe the precise forms usually employed in that undertaking.

"The documents or things you must produce are as follows ..." An interesting example. A very simple document where you want Telstra to give you information regarding the user of a particular phone during a particular period.