What is a subpoena ad testificandum?
A subpoena ad testificandum (Latin: "to testify") is a court-issued notice requiring a person to attend court and give oral evidence. It is distinct from a subpoena duces tecum (production of documents). Under UCPR Part 33 (NSW) and equivalents across Australia, a subpoena to attend must be personally served, include conduct money, and specify the date, time, and place of attendance. Failure to attend is contempt of court unless a valid reason is shown.
Form and service
Under UCPR rule 33.2 (NSW), a subpoena to attend is issued on the prescribed form by or on behalf of a party. It must be served personally on the witness at least 5 days before attendance is required (unless the court permits shorter service). Conduct money — reasonable amount for travel and attendance — must be tendered with service. Reasonable expenses can also be paid after attendance.
Duty to attend
Once properly served with conduct money, the witness must attend on the specified date and time. If the witness does not attend, the court can issue a warrant for arrest (UCPR rule 33.12) and the witness is liable for costs of the non-appearance. Witnesses called to give evidence must answer all relevant questions unless they have a valid ground to object (privilege, incrimination, etc.).
Grounds to object or set aside
A witness can apply to set aside a subpoena if: service was defective; conduct money was inadequate; attendance would cause oppression or hardship that outweighs the forensic value; the evidence sought is privileged or otherwise inadmissible. Medical grounds (subject to medical evidence) commonly support setting aside or adjournment.
How I support subpoena work
I draft subpoenas, serve them, and assess objections for litigation lawyers. For large matters with many witness subpoenas, tracking service dates, conduct money, and attendance logistics is a significant administrative load — I handle this as a routine workflow.
Common issues
- Conduct money is often underpaid — check the jurisdiction's default amount
- Interstate service requires compliance with Service and Execution of Process Act 1992 (Cth)
- A witness cannot refuse to answer relevant questions once in the box — except on privilege grounds
Try Quillio on a real matter.
The fastest way to know if Quillio fits your practice is to use it on your own work. The free trial requires no credit card and no sales call.
Start your free trial