NSW UCPR [Form 24] Notice to Produce to Court

When is a NSW UCPR [Form 24] Notice to Produce to Court used?

See UCPR Part 34 and 42.33 for more information.

A Notice to Produce to Court:

⚖️ Requires a party to produce documents or things to the court:

➲ On any hearing date in the proceedings;

➲ At any time fixed by the court for return of Subpoenas; or

➲ By leave of the court, at some other specified time.

⚖️ MUST clearly identify the documents or things to be produced to the court;

⚖️ Does not have to be filed;

⚖️ May be served at any time;

⚖️ Does not have to be personally served; and

⚖️ Does not have to be served on all the other parties, unless the court so orders.

Document Overview:

✅ Suitable for the NSW Courts under the Uniform Civil Procedure Rules (NSW) 2005;

✅ Recommended only for use by legal professionals +/or at a minimum with review by a legal professional prior to filing with the Court;

✅ For use in all NSW Court registries for all NSW Courts including Local (General & Small Claims), District (All Lists^), Supreme (Common Law & Equity Divisions) and all Appeals to the NSW Court of Appeal.

Embedded Lawyer-Logic™ dynamically adapts to your answers to provide valuable guidance and help you avoid errors.

Court will not know about this Notice until documents or things are produced to the Court

The court will generally not know that a Notice to Produce to Court has been served until documents or things are produced to the court, unless the court has appointed a special time for the return of the Notice to Produce.

Reasonable Costs and Court Fee

The court will charge a fee when the documents or things are produced to the court.

The party that served the Notice to Produce to Court has to pay this fee.

The party who produces the documents or things to court may request that you pay the amount of any reasonable loss or expense that they incur in complying with the Notice to Produce to Court.

You should attempt to agree with the party producing the documents on the amount of any reasonable loss or expense.

If you cannot agree, the court may be asked to make an order about the amount that you MUST pay.

Information for Producing Party

The producing party may produce copies of any documents they are ordered to produce, unless the Notice to Produce specifically requires them to produce originals.

A copy of a document may be:

✅ A photocopy; or

✅ In PDF format on a CD-ROM; or

✅ In any other electronic form that the party who prepared this Order for Production has indicated will be acceptable.

Producing Party ➲ Mandatory Declaration

The Producing Party MUST complete the Declaration in the form and produce this Notice to Produce containing the completed declaration, or a copy of it, with the documents they produce to the court under the Notice to Produce.

If they declare that the material they produce are copies of documents, the Registrar may, without further notice to them, destroy the copies after the expiry of a period of four months from the conclusion of the proceeding or, if the documents become exhibits in the proceeding, when they are no longer required in connection with the proceeding, including on any appeal.

If the material they produce to the Court is or includes any original document, the Court will return all of the material to them at the address they specify in the Declaration.

Legal Advice Recommended

The preparation of a Notice to Produce to Court has important strategic legal implications.

In short, due to the complexities involved:

➲ We recommend you contact our legal team to obtain legal advice and guidance.

Important Notes:

The party preparing this Form is required to serve a copy of the Form on the witness at least 5 days before the earliest date on which the witness is required to comply with the Subpoena or an earlier or later date fixed by the court (UCPR 33.3), unless the Subpoena is to be served on a medical expert (see UCPR 31.32) or outside NSW, but in Australia.