Seek to issue a subpoena in aid of an arbitration

Key facts

Human involvement
YellowClose supervision
How AI is used
From the tribunal’s permission (where needed), the documents or testimony required and the third party’s details, populate the court’s subpoena form data and the supporting application, with a schedule describing each category of documents.
What the lawyer must review
The lawyer confirms the statutory basis and any tribunal permission, narrows the categories so they are not oppressive, settles the application and any affidavit with the deponent, and manages access to produced material under the court’s practice.
Written for / version
US

Open a jurisdiction version of this task to see which instruments apply: US

Who does what

Who does what
RoleWhat they do
AssistanceFrom the tribunal’s permission (where needed), the documents or testimony required and the third party’s details, populate the court’s subpoena form data and the supporting application, with a schedule describing each category of documents.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Confirm the arbitral material may go into the tool under the confidentiality provisions, the rules and any procedural order before it is used.
  2. Confirm the tribunal’s permission where the Act requires it.
  3. Check each category is described precisely enough not to be oppressive.
  4. Confirm the affidavit, if any, is the deponent’s own evidence.

Forms and precedents for this task

Forms and precedents for this task
Form or precedentKindAI useSummary
Subpoena in aid of a Model Law arbitrationChecklistAI use YellowChecklist of section 23 before a party applies to a court for a subpoena to attend or to produce documents to the arbitral tribunal.
Federal Court Form 54: application for a subpoena under the International Arbitration Act 1974FormAI use YellowLink to Federal Court Form 54, the application for a subpoena under the International Arbitration Act 1974, rule 28.46(1).

Signed-in accounts can read the full text of each one. All precedents.

Sources

These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

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