03 November 2017
Where do I find information on 'conduct money'; what documents served have to have it; in what form (cash?); and how calculated?
Thank you for the question.
Conduct money is usually required when serving a Subpoena or Notice to Produce. Practice and procedure differs in each Court. The procedure rules and practice notes for the relevant Court or Tribunal will provide the specific requirements for that venue, including form of payment. A cheque drawn from the office account is typical. The commentaries in all of our litigation guides contain a section on subpoenas and notices to produce, and conduct money requirements.
Generally, a subpoena must be served with sufficient conduct money to meet the person’s reasonable expenses of complying with it and the conduct money must be provided a reasonable time before the day the witness is required to comply. A party issuing a subpoena to a non-party must also pay the reasonable loss or expense the addressee has incurred in complying with it.
Be reasonable about conduct money. If you require the production of extensive documents that will take time to compile and collate you may need to negotiate the sum to be provided. Similarly, witnesses that have to travel great distances or seek accommodation and will be off work for some time as a result will require more than the usual amount of conduct money. Failing to provide enough conduct money may mean that your subpoena can’t be enforced.
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