Practice Direction No. 11

Subpoenas

Notice of Amendment:
Effective January 14, 2025, Practice Direction No. 11 issued on May 8, 2015, is revoked and replaced by Practice Direction No. 11 found below.

1. The parties before the Tribunal may request a subpoena for the production of documents or other material from a third party, or for the attendance of a witness. Such requests must:
   1. be made in writing;
   2. be submitted electronically using the Tribunal's E-Filing application;
   3. provide a brief explanation of the need for a subpoena; and
   4. provide the full name and mailing address of the intended recipient.
2. No witness is required to attend under a subpoena unless the subpoena has been personally served on the witness at least 20 days before their attendance is required, and witness fees and travel expenses have been paid or tendered to the witness in the amount set out in Tariff A of the Federal Courts Rules, SOR/98-106.
3. No third party is required to produce documents or other materials under a subpoena unless the subpoena has been served on the third party at least 20 days before the deadline for production indicated in the subpoena.
4. Subpoenaed witnesses or third parties may object to or seek direction from the Tribunal in writing concerning a subpoena in its entirety or in part, and may apply to the Tribunal to have the subpoena quashed or modified.
5. Where a subpoenaed witness or third party fails to fulfill the terms of a subpoena, the party that requested the subpoena may file an application with the Tribunal to enforce the subpoena.

Honourable Victoria Chiappetta, Chairperson
Specific Claims Tribunal