22Proposed access orders

22 Proposed access orders

22 Proposed access orders

(1) Unless the Tribunal orders otherwise, the requesting party for a subpoena requiring production must endorse a proposed access order on the subpoena.

(2) Without limiting Rule 21 (Access to subpoenaed material), the Tribunal may—

(a) endorse a proposed access order on a subpoena requiring production if the requesting party has not endorsed such a proposed order, or

(b) endorse a proposed access order on a subpoena requiring production in different terms to a proposed order endorsed by the requesting party.

(3) Unless the Tribunal orders otherwise, any such proposed access order has effect as an access order immediately after the next return date for the subpoena if—

(a) documents or things are produced in compliance with the subpoena on or before that date, and

(b) no person appears before the Registrar or Tribunal on the return date in opposition to the proposed order.

(4) Without limiting subrule (3), the Tribunal may take into account a failure to comply with subrule (5) or (6) or subrules 20(1), (2) or (3) in determining whether a proposed access order should have effect according to its tenor or whether an order is to be made to modify or revoke the proposed access order.

(5) A party or a person named in a subpoena requiring production who proposes to object to the proposed access order on the return date for the subpoena must notify the requesting party of the objection—

(a) if the party or person is served with a copy of the subpoena on a day that is 14 days or more before the return date—within the period of 3 days after the party or person is served, or

(b) if the party or person is served with a copy of the subpoena on a day that is less than 14 days before the return date—within the period of 24 hours after the party or person is served.

(6) A requesting party who has received notice of an objection to a proposed access order must notify all of the other parties who have an address for service in the proceedings of the objection within 24 hours after receiving that notice.