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Supreme Court Rules 2000
388Order for discovery of particular documents
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### 388 Order for discovery of particular documents
> > (1) [*\[Rule 388 Subrule (1) amended by S.R. 2012, No. 91, Applied:17 Oct 2012\]*](/view/html/inforce/2012-10-17/sr-2012-091#GS7@EN) If it appears to the Court or a judge that there are grounds for a belief that a discoverable document or class of discoverable documents may be, or may have been, in the possession of a party, the Court or a judge may order that party to make, file and serve an affidavit.
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> > (2) An affidavit is to state –
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> > > > (a) whether that document or any document of that class is, or has been, in his or her possession, custody or power; and
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> > > > (b) if the document is not in his or her possession, custody or power, when he or she parted with it and what has become of it.
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> > (3) An order may be made under [subrule (1)](#GS388@Gs1@EN) , notwithstanding that the party against whom it is made has made, or has been required to make, a list of documents or an affidavit verifying a list of documents.