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Click
here to download procedure in pdf format
Click here to
view draft letter
Click here
to view draft Affidavit'
Procedure for Recovery of Costs upon Receipt of a Subpoena.
| 1. | Confirm
the identity of the person to whom the Subpoena is addressed.
(It will be that person who is liable to penalty if the Subpoena
is not answered.) Check and diarise the date on which the Subpoena
is returnable and the Registry to which documents need to be produced.
Confirm receipt of conduct money. |
| 2. | Locate
the whereabouts of files covered by the Subpoena. As a general
rule, it would be unusual if the practitioners own files could
be the subject of a Subpoena. Generally the Subpoena will relate
to the company or bankrupt’s books and records. These will
either be on hand or in storage. |
| 3. | If
your initial estimate is that the costs of compliance with the
Subpoena will substantially exceed the amount tendered on account
of expenses, make contact with the solicitor issuing the Subpoena
and seek agreement to pay those costs. (See
draft letter.) |
| 4. | If
a satisfactory agreement (including, where appropriate, for payment
of the costs up front) is not made and if the estimated costs
are likely to exceed $2,000, give consideration to applying to
Court for an order that you be excused from answering the Subpoena
unless these costs are secured. (NB. Given that Subpoena are usually
served late, this application needs to be brought quickly if it
is to be brought at all.) |
| 5. | Once
the records have been recovered they need to be reviewed to ensure
that all material covered by the Subpoena is produced. Also you
need to make a decision as to whether you should object to the
production of the material on the grounds of privilege or confidentiality.
If necessary, seek legal advice. |
| 6. | If
no agreement is reached in relation to payment of your fees, and
no application is made prior to producing the documents, prepare
a tax invoice once the documents have been produced (include a
charge for returning the documents to storage at the conclusion
of the case) addressed to the party issuing the Subpoena (not
the solicitor) and send that to the solicitor. If payment is not
made, then an application to Court supported by evidence will
be necessary. |
| 7. |
See draft affidavit
in support of recovery of costs incurred in answering subpoena. |
If you would like further assistance please contact Stephen Mullette of our Insolvency Team.
.
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