Which of the following is NOT a required element for issuing a subpoena?

A subpoena in the context of New South Wales civil practice and procedure is a legal document that compels a person to appear as a witness or produce documents in a legal proceeding. To be valid and enforceable, there are specific elements that a subpoena must contain.

The correct choice indicates that including a witness statement is not a required element of a subpoena. A subpoena must be in an approved form, meaning it should follow the established legal format and meet procedural requirements. It must also clearly identify the addressee—this is crucial so that the individual who is being compelled knows exactly who is required to comply with the subpoena. Additionally, a valid subpoena should specify the day and time when the production of documents or appearance is required; this ensures clarity and allows the person receiving it to prepare accordingly.

On the other hand, including a witness statement is not necessary for a subpoena's validity. A witness statement is typically a separate document that provides evidence from a witness, but it is not a procedural requirement for the subpoena itself. Therefore, the absence of a witness statement does not affect the enforceability of the subpoena. This highlights the specific focus of the document on compelling either testimony or the production of evidence rather than providing or accompanying statements.