386Order for discovery

386 Order for discovery

(1)  Subject to subrules (2) and (3) and rules 387 and 389 , the Court or a judge, on application by a party to any proceeding, may order any other party to –

(a) [Rule 386 Subrule (1) amended by S.R. 2012, No. 91, Applied:17 Oct 2012] make and serve on any other party a list of the discoverable documents; and

(b) make and file an affidavit verifying the list and to serve a copy of the affidavit on the other party.

(2)  An order under subrule (1) may be limited to certain documents or classes of documents or to certain of the matters in question in the proceeding.

(3)  If an application is made under this rule by the insurer in an action arising out of a policy of marine insurance, the Court or a judge may make an order for the production of ship's papers if it is necessary or expedient to do so.