Issue a Victorian subpoena for clinical records only after a defence is filed
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the lawyer's list of hospitals and treating practitioners, draft the addressee, date range and document classes, and mark whether leave is required. The tool does not write the subpoena.
- What the lawyer must review
- The lawyer settles the addressee, the date range and the form, and issues the subpoena.
- Do not issue a production subpoena to the Prothonotary before the first defence, without leave.
- Paragraph 6.3 is about redaction of documents to be discovered, not subpoenaed records.
- A self-represented party needs leave to issue a County Court subpoena.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Supreme Court of Victoria personal injury lists, or the County Court Common Law Division
Produce. An addressee and date-range schedule. The lawyer writes the subpoena.
Have ready. Hospitals and treating practitioners named by the lawyer; Whether a defence has been filed; The mediation date.
Example of the limit. Illustrative example: No defence is on the file. The schedule marks the subpoena as needing leave. The lawyer decides whether to apply.
Stop and hand it back when
- The addressee is not identified.
- The tool is asked to issue the subpoena.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. From the lawyer's list of hospitals and treating practitioners, draft the addressee, date range and document classes, and mark whether leave is required. The tool does not write the subpoena. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Practice Note SC CL 3: do not issue a subpoena for production to the Prothonotary before the first date a defence is filed, without leave.
- Once pleadings have closed, correspond about discovery categories and about redaction or de-identification of documents to be discovered. Paragraph 6.3 does not set the rule for subpoenaed clinical records.
- Bring a subpoena objection in time for it to be decided before mediation.
- County Court Order 42 uses Form 42A to attend, Form 42B to produce and Form 42C for both. Order 42A is production to the registrar.
Sources
- Supreme Court of Victoria, Practice Note SC CL 3, paragraphs 6.2 and 6.3 · 2026-10-23
- County Court of Victoria, Common Law Division Practice Note, section 9 · 2026-10-23
- Supreme Court of Victoria, Practice Note SC GEN 25 · 2026-10-23
Practice Note SC GEN 25, issued on 14 May 2026, covers Supreme Court documents, including pleadings, submissions and expert reports. Do not put confidential or sensitive material into a public AI tool.
A self-represented party needs leave to issue a subpoena. The text of Order 42 was taken from the Common Law Division practice note, not from the County Court rules themselves.