Subpoenas, Summons & Notice of Non Party Production

Issuing Subpoenae to the ANU

When issuing a subpoena, summons or notice for non-party production (“Subpoena”) to the Australian National University, please read Issuing Subpoenae to the University. It outlines the procedures that have been adopted by the University to enable staff to respond to a subpoena efficiently.

ANU Internal Subpoenae Protocol

The University regularly receives Subpoenae, Summonses and Notices to Produce (the term “Subpoena” is used as shorthand for any of the above). These are court orders issued in legal proceedings requiring attendance at court or, more commonly, production of documents required for those proceedings.

To ensure the University meets its obligations in relation to these orders, please ensure the ANU Subpoenae Protocol is adhered to, and that all staff members are familiar with it. Please distribute the ANU Subpoenae Protocol to all staff members.

If you need any further information, please call the Legal Office on x58489 or email with your question.

Receiving a subpoena

1. Check that the subpoena is for the ANU before you accept it or sign anything confirming receipt.
2. Date stamp it immediately.
3. Forward the subpoena to the Legal Office, Chancelry Building 10, for action. Please include a brief note or memo indicating who received the subpoena, and who Legal Office staff may contact in your area if we need any further information.

Complying with a subpoena

The Legal Office will coordinate the University’s response to the subpoena, but may require assistance from particular areas within the University. Usually, you will be contacted by the Legal Office requesting all files or documents in relation to a particular person. This will involve making an ordinary (ie uncertified) photocopy of every document in your possession and providing them to the Legal Office within a specified time frame. Please be aware that where a subpoena is received that requires production of records from your department or area, resources may need to be allocated to handle this work. Where the work required by your area is substantial, keep records of all resources including staff time and provide these details at the same time as the documents. The Legal Office may be able to bill the requesting firm for expenses incurred by the University. Occasionally, original files will be required by the Court or Tribunal. When this is the case, the Legal Office will keep records of what documents have been provided, and will return the files to you as soon as possible. As delays are common in court proceedings, please keep a copy of all original records if you believe you might need to refer to them before the completion of proceedings.

Where an area receives subpoenae frequently, the Legal will arrange the necessary training to enable appropriate staff to comply with subpoenae directly.