Under what circumstances can a party apply to set aside a subpoena?

Study for the New South Wales Civil Practice and Procedure Test. Engage with multiple choice questions, comprehensive explanations, and helpful insights. Ace your exam with confidence!

A party may apply to set aside a subpoena when the addressee has standing to object. In legal proceedings, standing refers to the ability of a party to demonstrate a sufficient connection to the matter at hand, which in this case involves the subpoena’s relevance and appropriateness to their situation. If the addressee, who is the person or entity to whom the subpoena is directed, can show that they are affected by the subpoena—whether through an adverse effect on their rights, unnecessary burden, or relevance of the requested documents or testimony—they can object to it. This standing is crucial because it is only those who have a legitimate stake in the matter who can challenge the validity of the subpoena.

Other options might relate to concerns regarding subpoenas but do not provide a sufficiently compelling basis for setting one aside. For instance, while a subpoena may seem unnecessary or irrelevant, these factors might not grant the standing needed to object unless the addressee can establish that they are personally affected. Similarly, while deadlines are an important part of procedural compliance, simply being after the deadline does not preclude a valid objection based on standing. Thus, the conditions established under B are vital for a successful application to set aside a subpoena, focusing on the personal implications for the

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