NSW UCPR [Form 29] Order for Production to Court

New South Wales

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When is a NSW UCPR [Form 29]
Order for Production to Court used?

See s 68 of the Civil Procedure Act 2005 (NSW) for more information.

You MUST use this form if the court has made an order for the production of documents or things and you wish to serve a copy of the order on the party to whom it is addressed.

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.

Schedule

You MUST list the documents or things that are to be produced under the order for production.

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.

Notice to Producing Party

The following notice is given under UCPR 40.7(3):

You will be liable to imprisonment or to sequestration of property if you refuse or neglect to produce the documents or things within the time specified in this order for production.

Information for Producing Party

The producing party may produce copies of any documents they are ordered to produce, unless the Order for Production 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 Order for Production containing the completed declaration, or a copy of it, with the documents they produce to the court under the order.

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 Order for Production 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.

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