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Court Procedures Rules
674Failure to disclose document
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674 Failure to disclose document
(1) This rule applies if a party fails, without reasonable excuse, to
disclose to another party a document that the party is required to
disclose under this part, including under an order of the court made
under this part.
(2) The party must not tender the document in evidence against the other
party on the hearing of the proceeding, or tender evidence of its
contents, without the leave of the court.
(3) In deciding whether to give leave under subrule (2), the court must
act in accordance with the Evidence Act, part 3.11 (Discretionary and
mandatory exclusions).
(4) The party must also pay any costs incurred by another party because
of the failure.
(5) This rule does not limit any other power of the court in relation to the
failure.