41Compliance with notice for production

41 Compliance with notice for production

41 Compliance with notice for production

(1) A producer must comply with a notice for production by delivering to the requesting party, at the requesting party’s address for service and within the time required by rule 40(2), a clear copy of the document referred to in the notice that is—

(a) in the possession or control of the producer, and

(b) not the subject of a notice of objection referred to in subrule (2).

(2) A producer must also serve on the requesting party, at the requesting party’s address for service and within the time required by rule 40(2), a notice of objection concerning a document that has not been delivered, stating—

(a) the document is not suitable for copying but may be inspected at a specified place and time and on a date within 7 days of the date on which the notice of objection was served on the requested party, or another date agreed to by the parties, or

(b) the document is privileged and the reasons for the claim of privilege, or

(c) the document is not relevant to a fact in issue in the proceedings and the reasons why it is not relevant, or

(d) if the producer is a claimant—an amount sufficient to meet the reasonable expenses of complying with the notice for production has not been paid, and the reasons for making the assertion, or

(e) the document has already been produced to the requesting party, or

(f) the document is, to the best of the producer’s knowledge or belief, in the possession or control of another specified person, or

(g) the producer has no knowledge of the document’s existence or location, or

(h) another objection to production and the reasons for the objection.

(3) A requesting party who wishes to oppose a notice of objection must, within 2 working days of the date on which the notice of objection was served on the requesting party, lodge, and serve on the other parties, a notice of opposition.

(4) The notice of opposition must—

(a) set out the reasons for the opposition, and