Div 1Discovery

Division 1 Discovery

1 Notice for discovery — Form 21

After a directions hearing pursuant to Order 10 and within any period limited by the Court for this purpose, any party may, unless the Court otherwise orders, by notice of discovery filed and served on any other party, require any other party to give discovery of documents.

2 Discovery on notice

(1) A party required to give discovery must do so within such time, not being less than 14 days after service of the notice of discovery on that party, as may be specified in the notice of discovery.

(2) A party, subject to rule 3, gives discovery by filing and serving on the party giving the notice of discovery:

(a) a list in accordance with rule 6 of documents relating to any matter in question between him or her and the party giving the notice of discovery; and

(b) an affidavit verifying the list.

3 Limitation of discovery on notice

(1) The Court may, before or after any party has been required under rule 1 to give discovery, order that discovery under rule 2 by any party shall not be required or shall be limited to such documents or classes of documents, or to such of the matters in question in the proceeding, as may be specified in the order.

(2) The Court shall, on application, make such orders under subrule (1) as are necessary to prevent unnecessary discovery.

Where an applicant claims relief against two or more respondents, and requires any respondent to give discovery under rule 2, that respondent must serve his or her list of documents and affidavit not only on the applicant but also on each other respondent who has filed a defence.

5 Order for general discovery

The Court may, at any stage of the proceeding, order any party to give discovery in accordance with rule 2.

6 Contents of list — Form 22

(1) A list of documents required by or under this Order must be in accordance with Form 22 and, unless the Court otherwise orders, conform to the requirements of this rule.

(2) A list of documents shall enumerate the documents which are or have been in the possession, custody or power of the party making the list.

(3) A list of documents shall enumerate the documents in a convenient sequence and as shortly as possible, but shall describe each document or, in the case of a group of documents of the same nature, shall describe the group, sufficiently to enable the document or group to be identified.

(4) A party making a list of documents who claims that any document in the party’s possession, custody or power is privileged from production shall, in the list, sufficiently state the grounds of the privilege.