Process Serving

Subpoena Process Service

2025 4 min read

Subpoenas require strict compliance with court rules for service. Citiserve Pty Ltd explains the requirements for serving subpoenas and how we ensure compliance every time.

A subpoena is a court order requiring a person to attend court to give evidence (subpoena to attend) or to produce documents (subpoena to produce). Subpoenas must be served in strict compliance with court rules — failure to do so can result in the subpoena being set aside.

Requirements for Service of a Subpoena

Under the Uniform Civil Procedure Rules 2005 (NSW) and equivalent rules in other jurisdictions, a subpoena must be:

  • Personally served on the person named in the subpoena
  • Served within a reasonable time before the date specified for attendance or production
  • Accompanied by conduct money (a sum sufficient to meet the reasonable expenses of the person in complying with the subpoena)

Conduct Money

Conduct money must be tendered at the time of service. If conduct money is not tendered, the subpoena may be set aside. The amount of conduct money depends on the distance the person must travel and other relevant expenses.

Service on Corporations

A subpoena addressed to a corporation may be served at the corporation's registered office or on an officer of the corporation.

Affidavit of Service

After service, the process server must prepare a sworn Affidavit of Service confirming the details of service, including the amount of conduct money tendered. This affidavit must be filed with the court.

Citiserve's Subpoena Service

Citiserve has extensive experience serving subpoenas in all Australian jurisdictions. We understand the strict requirements for valid service and will ensure your subpoena is served correctly. Contact us for a fast, no-obligation quote.

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