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Service of a subpoena

This page provides information relating to service of subpoenas on the State Library of New South Wales.

A subpoena, summons or statutory notice or order to produce documents is a formal order issued by a court or tribunal seeking access to documents or records.

Service of a subpoena

Subpoenas or other requests to produce documents should be served on the Director, Operations & Infrastructure and CFO or the State Librarian and Chief Executive (if the Director is unavailable),.

If the Director, Operations & Infrastructure and State Librarian are unavailable, subpoenas should be served upon another member of the Library Executive.

Any enquiries regarding service of subpoenas should be made at first instance to the Director, Operations & Infrastructure and CFO.

Subpoenas or other legal instruments to produce documents should be served by mailing (by Registered Post) or delivery in person to:

The State Librarian and Chief Executive
State Library of New South Wales
Macquarie St
SYDNEY NSW 2000

If the subpoena is not delivered to this address or correctly addressed, there may be a delay in processing the subpoena.

Dealing with subpoenas

The Library requires a minimum of 21 days to assess and respond to each subpoena and identify documents that fall within the scope of the subpoena. Depending on the scope of the request or amount of material covered by the subpoena, the Library may seek to:

  • negotiate an extension to the timeframe(s) set out in the subpoena; and/or
  • request the Issuing Party reviews the material and refine or narrow the subpoena request to reduce the amount of material required. This may require the original subpoena to be set aside and a new subpoena issued.

In order to protect the Library’s valuable collections, it is Library policy that no original collection materials or corporate records of the State Library may leave the Library’s premises for copying. Copies of material will be organised by the Library and provided to the court in response to subpoenas. Certified copies will be organised if required.

The Library reserves the right to seek to set aside a subpoena which is oppressive or appears to be a fishing expedition, or on such other grounds as the Library considers appropriate.

Conduct money

Conduct money of $50 should accompany any subpoena served on the Library, to cover initial costs of responding to and processing the subpoena. This should be paid in the forms of a cheque, made out to ‘The State Library of New South Wales’.

Compliance costs

The Library will seek to have reasonable costs for work done in complying with a subpoena (compliance costs) reimbursed. This may include (but is not limited to) researching, reviewing, locating and collecting files and documents, photocopying costs.

As soon as practical after service of the subpoena and clarification of the material covered by the subpoena, the Library will provide a cost estimate to the Issuing Party outlining the reasonable costs involved. Compliance costs sought in response to subpoenas will charged at the same rates set for copying material for other Library clients.

For more information

For more information regarding subpoenas, please refer to the Requests to Produce Documents Policy: Subpoenas, Summons, Statutory Notices and Orders 

or contact:

Director, Operations & Infrastructure and CFO
State Library of New South Wales
Macquarie St
SYDNEY NSW 2000