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Court Procedures Rules
606Orders about disclosure
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606 Orders about disclosure
(1) The court may make the following orders:
(a) an order that limits a party’s duty of disclosure;
(b) an order for a party to disclose discoverable documents;
(c) if the court considers that a party has not, or may not have,
adequately disclosed discoverable documents—an order for a
party to make further disclosure;
(d) an order for the lists of documents of the parties, or the list of
documents of a party, to be served in a stated electronic form;
(e) an order for disclosure of discoverable documents by the parties,
or a party, to be made in stages or in a stated way;
(f) an order for disclosure, or nondisclosure, by a party of any
discoverable document in the party’s possession;
(g) any other order about disclosure, or nondisclosure, of documents
that the court considers appropriate.
Example for par (e) and par (g)
The court may make an order permitting disclosure by bundle.
(2) The court may make an order under subrule (1) on the application of
a party or on its own initiative.
(3) Before making an order under subrule (1), the court must have regard
(a) the principle that disclosure of documents in a proceeding
should be limited to disclosure that is reasonably necessary for
fairly disposing of the proceeding, or part of the proceeding, or
for saving costs;
Rule 607
proceeding, of the documents, or particular documents, that may
be discovered;
(c) the likely time, cost and inconvenience of disclosing documents
or particular documents.
(5) The court may inspect any document in a party’s possession to decide
whether it ought to be disclosed by the party.
(6) An affidavit must not be used for an application for an order under
this rule unless the court otherwise orders.