403CDiscovery to identify a defendant

### 403C Discovery to identify a defendant > [*\[Rule 403C of Part 13 Inserted by S.R. 2007, No. 23, Applied:02 May 2007\]*](/view/html/inforce/2007-05-02/sr-2007-023#GS8@EN) > > > (1)  The Court or a judge may make an order under [subrule (2)](#GS403C@Gs2@EN) if – > > > > > > (a) the applicant is unable to ascertain through reasonable inquiries the description of a person sufficiently for the purpose of commencing a proceeding in the Court against that person (in this rule called "the person concerned"); and > > > > > > > (b) it appears that another person – > > > > > > > > > > (i) has or is likely to have knowledge of facts tending to assist in ascertaining such a description; or > > > > > > > > > > > (ii) has or is likely to have, or has had or is likely to have had, in that other person's possession any document or thing tending to assist in ascertaining such a description. > > > (2)  The Court or a judge may order the person referred to in [subrule (1)(b)](#GS403C@Gs1@Hpb@EN) , or if that person is a corporation, the corporation by an appropriate officer, to – > > > > > > (a) attend before the Court, a judge or an officer to be orally examined in relation to the description of the person concerned; or > > > > > > > (b) make discovery to the applicant of all documents which are or have been in his, her or its possession and which relate to the description of the person concerned. > > > (3)  If the Court or a judge makes an order under [subrule (2)(a)](#GS403C@Gs2@Hpa@EN) , the Court or judge may order the person against whom, or the corporation against which, the order is made to produce on the examination any document or thing in his, her or its possession which relates to the description of the person concerned.