406Matters for interrogatories

### 406 Matters for interrogatories > > (1)  A party may interrogate any opposite party to obtain – > > > > > > (a) an admission of any fact which the party interrogating is required to prove on an issue against the opposite party; or > > > > > > > (b) an answer as to – > > > > > > > > > > (i) any fact directly in issue between the parties; or > > > > > > > > > > > (ii) any fact, the existence or non-existence of which is relevant to the existence or non-existence of any fact directly in issue between the parties; or > > > > > > > (c) any fact, knowledge of which would inform the party interrogating of evidence of any fact directly in issue between the parties; or > > > > > > > (d) the name and address of any person who would be a necessary or proper party to the proceeding, if that information is required to make that person a party to the proceeding; or > > > > > > > (e) any other fact as to which discovery may have been obtained in a suit in equity before the commencement of the Act. > > > (2)  [*\[Rule 406 Subrule (2) omitted by S.R. 2011, No. 39, Applied:08 Jun 2011\]*](/view/html/inforce/2011-06-08/sr-2011-039#GS4@EN) .  .  .  .  .  .  .  .   > > > (3)  An interrogatory which does not relate to any matter in question in the proceeding is irrelevant, even though it might be admissible on the oral cross-examination of a witness. > > > (4)  This rule does not give a party the right to interrogate an opposite party with a view to finding out – > > > > > > (a) a case for the party interrogating; or > > > > > > > (b) the name of any person intended to be called or who might be called by the opposite party as a witness and whose name is not a material fact in the proceeding; or > > > > > > > (c) the evidence of the opposite party; or > > > > > > > (d) the manner in which the opposite party intends to establish their case; or > > > > > > > (e) the line of facts, not being facts directly in issue, on which the opposite party intends to rely in support of their case; or > > > > > > > (f) the manner in which the opposite party intends to conduct the case at the trial. > > > (5)  The fact that a party who is otherwise bound to answer an interrogatory is not able to do so without disclosing the evidence or name of a person who might be called as a witness does not excuse the party from answering the interrogatory.