What is a requirement for an expert not to comply with a subpoena to produce documents?

The requirement for an expert not to comply with a subpoena to produce documents hinges on whether the subpoena is served with conduct money. Conduct money is an amount that must be provided to cover the reasonable travel expenses for the person being subpoenaed to appear and produce documents. If the party that issued the subpoena does not provide this conduct money, the expert may have a valid basis for not complying with the subpoena, as the failure to offer remuneration for the associated costs can be seen as an impediment to the expert's obligation.

In practice, conduct money ensures that the individuals summoned are not unreasonably burdened or financially disadvantaged by their compliance with the legal process. Without fulfilling this obligation, parties may be unable to enforce their rights to compel the expert to produce documents. Therefore, this understanding of conduct money is essential within the context of civil procedure and the legal framework surrounding subpoenas in New South Wales.