---
title: "UCPR Form 26A: subpoena to produce, with notice and declaration"
url: "https://ailawframework.com/precedents/personal-injury-and-compensation/form-nsw-ucpr-26a-subpoena-produce"
type: "precedent"
site: "AI Law Framework"
id: "a21-form-nsw-ucpr-26a-subpoena-produce"
area_id: "A21"
kind: "form"
ai_level: "red"
version: 1
task_ids: ["A21-P20260916-1", "A21-P20260916-2"]
law_stated_as_at: "2026-10-23"
---

# 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.

Canonical page: https://ailawframework.com/precedents/personal-injury-and-compensation/form-nsw-ucpr-26a-subpoena-produce  
Law stated as at: 2026-10-23

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Form. A form to complete, or a guide to completing an official one.
- Practice area: [Personal Injury & Compensation](https://ailawframework.com/precedents/personal-injury-and-compensation.md)
- Jurisdictions: New South Wales
- AI level: 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: 2026-10-23
- Status: Maintained. Checked on 2026-10-23 against the official form at ucprforms.nsw.gov.au and the 2 authorities it cites, for New South Wales.

## 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

- [Find gaps and duplicates in a medical-record set](https://ailawframework.com/practice/personal-injury-and-compensation/find-gaps-and-duplicates-in-a-medical-record-set.md)
- [Prepare the tribunal or commission document bundle from the lawyer-selected material](https://ailawframework.com/practice/personal-injury-and-compensation/prepare-the-tribunal-or-commission-document-bundle-from-the-lawyer-selec.md)

## 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).

## Authorities

- [Uniform Civil Procedure Rules forms, Form 26A version 5, Subpoena to produce with subpoena notice and declaration](https://ucprforms.nsw.gov.au/content/dam/dcj/ctsd/ucpr/documents/pdf/ucpr_form_26a_v5.pdf)
- [Uniform Civil Procedure Rules forms (New South Wales)](https://ucprforms.nsw.gov.au/)

## Official form

[Official form](https://ucprforms.nsw.gov.au/content/dam/dcj/ctsd/ucpr/documents/pdf/ucpr_form_26a_v5.pdf)

## 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.

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/personal-injury-and-compensation/form-nsw-ucpr-26a-subpoena-produce and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*