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Hoodlum,Subpoenas requesting documents etc, often start well...

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    Hoodlum,

    Subpoenas requesting documents etc, often start well before notice of discovery, subpoenas do not require a notice to produce.

    If assets energy knows where to look they may have issued subpoenas.

    In my cases that is what occurred very early.

    Service to produce on subpoena is 30 days.

    Subpoenas evidence is filed with the registry at the court and can not be viewed by either party until the court makes an order.

    At discovery, both parties produce an affidavit of documents. That also covers, things like photos, sms etc

    Anything missed by subpoena would be picked up there.

    Better particulars from the plaintiff is addressed by the respondent before they file there defence.

    They can not accept the allegations, file a defence, then ask for those allegations. - pleadings and particulars to be changed.

    On respondents submission, if asset needs to request documents, that will mean the respondent did not hand over all potential evidence.

    There is that, but evidence has been filed prior to submissions and can not be altered later on.

    Or either side once they know submissions could strengthen there case and weaken the other.

    The order was on 21 August, there is 9 weeks to gather evidence, file it and serve it.

    I had a mention in one case, part way through order to check progress.

    Let's hope things are smooth.

    The applicant is in a better position on evidence as they file in reply, meaning they know the government evidence before filing there own.
    Last edited by mode1971: 27/08/24
 
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