Form · Personal Injury & Compensation

UCPR Form 26A: subpoena to produce, with notice and declaration

Link to UCPR Form 26A version 5, a subpoena to produce with the recipient's notice and declaration about copies and original documents.

Kind
Form. A form to complete, or a guide to completing an official one.
Where it applies
New South Wales
AI use
Red You write the text. The tool writes nothing into the document. Where permitted, it may check, clarify or collect data, and anything it checks or collects is verified.
Law stated as at
23 October 2026
Status
Maintained. Checked on 23 October 2026 against the official form at ucprforms.nsw.gov.au and the 2 authorities it cites, for New South Wales.
Version
1
Source
Link to the official form. Licence: © State of New South Wales. Link only: download the current form from the UCPR forms list each time. Do not copy or adapt it.

Where this comes from

The official form is published by ucprforms.nsw.gov.au; this page is a completion guide. Last checked on 2026-10-23.

When to use it

Use when a party asks a New South Wales court to issue a subpoena to produce documents or things. The recipient completes the declaration. The issuing party completes the schedule and any proposed access order the court requires.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

The tool may list records to seek from material already on the file, and it writes nothing in the recipient's declaration and does not settle the schedule or any proposed access order.

AI may

  • List hospitals, employers and insurers named on the file as possible recipients
  • Draft a private working list of document categories for the lawyer to settle
  • Record the return date and calculate a service date five days before the earliest compliance date

AI must not

  • Must not write the recipient's declaration about copies and original documents
  • Must not settle the schedule or the proposed access order that is issued
  • Must not tell the recipient how to claim privilege or whether to comply
  • Must not issue the subpoena

The lawyer checks

  • The form is Form 26A version 5. The addressee is defined by UCPR 33.1(1), which the form cites
  • The last day for service must be 5 days before the earliest compliance date, or an earlier or later date fixed by the court under UCPR 33.3, unless the subpoena is served outside NSW but in Australia
  • The recipient may upload to https://subpoenaresponse.justice.nsw.gov.au before the production time, attend, or deliver so the documents are received not less than 2 clear days before the production date
  • The recipient completes the declaration and attaches it to the subpoena that accompanies the documents. Copies may be destroyed after four months from the conclusion of the proceeding, or when no longer required if they are exhibits. Originals are returned to the address in the declaration
  • Failure to comply without lawful excuse is a contempt of court and may lead to arrest. Note 18 cites section 97 of the Civil Procedure Act
  • A non-party may apply for loss or expense, including legal costs. Conduct money notes on the form are about attendance to give evidence
  • Health, wage and other personal information stays in a firm-controlled tool. Check confidentiality under ASCR r 9 and APP 11, and whether any breach is notifiable under the Privacy Act 1988 (Cth).

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Official form

Open the official form. Always use the current version from the issuer. Licence: © State of New South Wales. Link only: download the current form from the UCPR forms list each time. Do not copy or adapt it..

Read the full text

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