From the Constitution Watch Archives Vault, the extremely hard to find Form 13 witness summons and production of documents in criminal jurisdiction, this document has been deleted from the Magistrates Court Forms ~ Could it be possible this administrative court want to provide an uneven playing field for those seeking justice in Criminal Jurisdiction within the courts of Victoria?
MAGISTRATES' COURT CRIMINAL PROCEDURE RULES 2019 - REG 26
Witness summons in a criminal proceeding
(1) For the purposes of section 43 of the Magistrates' Court Act 1989 , a witness summons must be in Form 13.
(2) A witness summons to give evidence or to give evidence and produce documents or things must be directed to one person.
(3) Where a witness summons relates to a corporate accused it may be directed to one or more persons.
MAGISTRATES' COURT CRIMINAL PROCEDURE RULES 2019 - REG 27
Subpoenas relating to confidential communications
(1) For the purposes of section 32C of the Evidence (Miscellaneous Provisions) Act 1958 , an application for leave to compel another party to produce a document likely to contain confidential information must be in Form 13A.
(2) If an application for leave under paragraph (1) is in respect of a summary contested hearing—
(a) the application must be heard at least 4 weeks before the contested hearing unless the Court fixes a shorter period between the application and the contested hearing; and
(b) the party applying for leave must serve the application not less than 14 days before the hearing date of the application unless directed otherwise by the Court.
(2) If leave is granted under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958 the witness summons is, where possible, to be made returnable before the magistrate who granted leave.
MAGISTRATES' COURT ACT 1989 - SECT 43
Witness summonses (1) The Court or a registrar may issue the following witness summonses—
(a) summons to give evidence;
(b) summons to produce documents or thing;
(c) summons to give evidence and produce documents or things.
(2) Any party to a criminal proceeding in the Court may apply for the issue of a witness summons.
http://www.austlii.edu.au/au/
MAGISTRATES' COURT CRIMINAL PROCEDURE RULES 2019 - REG 72
Filing of application
Unless otherwise provided by these Rules or by or under any Act, an application is made by filing the application with the registrar.
MAGISTRATES' COURT CRIMINAL PROCEDURE RULES 2019 - REG 73
Service of application
The applicant must serve a copy of an application on every person to whom notice of the application is to be given within a reasonable time before the hearing of the application.
Below is directly from the Schedule of the Regulations.
This used to be available online at
http://www.magistratescourt.vic.gov.au/sites/default/files/Default/Witness-Summons-Form-13.pdf
But has since been deleted. (I wonder why)?
Please scroll down below to find from the Constitution Watch Archives the actual form which courts are now reluctant to give a copy out.
Form 13 —Witness summons
WITNESS SUMMONS
In the Magistrates' Court of
Victoria at [ venue ] Court Ref.:
To the witness
DETAILS OF THE CASE
Name of person charged: [ accused ]
Summary of the charges:
Relevant documents or things likely to be in possession or control of the witness:
Who filed the charges? [ informant ]
Agency and address:
Email address: Telephone:
WHAT YOU HAVE TO DO
You must bring this summons with you and—
□ come to court to give evidence in the proceeding
□ come to court to give evidence and also produce at the hearing the following documents or things that are in your possession or control
□ produce at the hearing the following documents or things that are in your possession or control
If you are required to give evidence, you must attend the hearing.
If you fail to attend the hearing or give evidence in accordance with this summons a warrant for your arrest may be issued.
You may produce this summons and the documents or things referred to above to the registrar of the Magistrates' Court at [ venue ] by hand or by post, in either case so that the registrar receives them not later than 2 days (excluding Saturdays, Sundays or other holidays) before the date on which you are required to attend.
If you have any objection to giving evidence or producing documents you must attend Court and a magistrate will decide whether you must give evidence or produce documents. You should obtain legal advice before making an objection.
WHERE WILL THE CASE BE HEARD?
The Magistrates' Court at [ venue ]
Address: Telephone:
When
Time: Day: Month: Year:
Details about this summons
Issued at:
Date:
Issued by:
Registrar:
Magistrate:
Summons filed by: [ identify party ]
Legal representative:
Name of firm:
Telephone:
Email address:
IF YOU HAVE ANY QUESTIONS ABOUT THIS SUMMONS:
Please contact the party who filed the summons.
Dont forget to amend this to now read rule 26 consistent with current legislation.
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