50Objection to direction for production

50 Objection to direction for production

50 Objection to direction for production

(1) A producer may object to a direction for production by objecting to—

(a) the production of documents under the direction, or

(b) the terms of access to the documents produced under the direction.

(2) The producer must, prior to the date for production, give written notice of the objection to the President, that—

(a) clearly identifies the documents that are the subject of the objection, and

(b) provides reasons for the objection.

(3) A producer who has provided a notice of objection under subrule (2) is not required to comply with the direction until the objection is determined.

(4) The President must notify the parties to the proceedings that a notice of objection has been received.

(5) A party who wishes to oppose the objection must, within 2 working days of the date on which the party was notified of the objection, lodge a notice of opposition setting out the reasons for the opposition and serve it on the other parties.

(6) The President may, when considering an objection to a direction for production—

(a) seek further information from the producer or the parties, or

(b) determine the objection, whether solely on the basis of the notice of objection and the notice of opposition or otherwise.

(7) The President may set aside or vary a direction for production following determination of an objection.

(8) In addition, the President may set aside or vary a direction for production, wholly or in part—

(a) of their own motion, or

(b) on the request of a person having sufficient interest, provided the request is made in accordance with these Rules.