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In New South Wales, Notices to Produce are governed by the Uniform Civil Procedure Rules 2005 (NSW) (UCPR). A Notice to Produce is a procedure through which a party to proceedings may serve on another party a notice requiring the production of specified documents, or things (such as a computer).
In simple terms, a subpoena is issued by the Court to request documents from someone who is not a party to the proceedings. On the other hand, a notice to produce is issued by a party to the proceedings to request documents from another party.
A subpoena is a legal document that orders a person to comply with certain requests. Subpoenas can be either judicial, issued by a judge, or non-judicial, a subpoena not issued by a judge, clerk, or officer of the court.
The purpose of the dispositional hearing is to review the social study submitted by DCYF and to identify a specific plan, which will outline what each parent must do to correct the conditions that led to the finding of abuse and/or neglect.
Since a subpoena is a court order, refusal to comply can result in contempt of court charge, punishable by jail, a fine, or both.
A notice to produce is used by a party to proceedings to request documents or other items. A reasonable period of time to respond to a notice to produce is 14 days after service of the notice. Unlike a subpoena, a notice to produce does not require conduct money.
A justice of the peace or notary public (N.H. RSA § 5). This provision is most commonly used by attorneys to issue subpoenas in court proceedings.
You can get out of a court subpoena by filing a motion to quash the subpoena with the court. To file the motion, however, you must have a very good reason that will convince the court that you should not have to appear and testify.
You will need to give the person serving the subpoena the completed original form plus 2 copies. A copy will be given or read to the witness. The person serving it must fill in the bottom part of the original subpoena (the Return of Service) and give it to you. The extra copy is kept by the person serving the subpoena.