403FADiscovery from non-party

### 403FA Discovery from non-party > [*\[Rule 403FA Inserted by S.R. 2009, No. 74, Applied:15 Jul 2009\]*](/view/html/inforce/2009-07-15/sr-2009-074#GS9@EN) > > > (1)  If it appears to the Court or a judge that a person who is not a party to a proceeding has or is likely to have, or has had or is likely to have had, in that person's possession any document that relates to any matter in question in the proceeding, the Court or judge may order that person to – > > > > > > (a) make and serve on each party a list of the documents that are or have been in that person's possession that relate to any matter in question in the proceeding; and > > > > > > > (b) make and file an affidavit verifying the list and serve a copy of the affidavit on each party. > > > (2)  An order under [subrule (1)](#GS403FA@Gs1@EN) may be limited to certain documents or classes of documents or to certain of the matters in question in the proceeding. > > > (3)  If an order is made under [subrule (1)](#GS403FA@Gs1@EN) , [rules 384](#GS384@EN) , [385](#GS385@EN) , [388](#GS388@EN) , [390](#GS390@EN) , [391](#GS391@EN) , [392](#GS392@EN) , [393](#GS393@EN) , [394](#GS394@EN) , [395](#GS395@EN) and [398](#GS398@EN) apply, with any necessary modifications, as if the person against whom the order is made were a party to the proceeding. > > > (4)  The Court or a judge may make an order under [subrule (1)](#GS403FA@Gs1@EN) on condition that the applicant gives security for the costs and expenses of the person against whom the order is made. > > > (5)  An order made under [subrule (1)](#GS403FA@Gs1@EN) may be revoked or varied by a subsequent order of the Court or a judge at or before trial.