408AWhen leave is required

408A When leave is required

[Rule 408A Inserted by S.R. 2011, No. 39, Applied:08 Jun 2011]

(1)  A party interrogated may give notice to the party interrogating that some or all of the interrogatories will not be answered unless administered with the leave of the Court or a judge.

(2)  A notice under subrule (1) is to –

(a) be in writing; and

(b) be given within 14 days after the interrogatories are delivered; and

(c) identify, by its distinctive number, each interrogatory that will not be answered unless administered with the leave of the Court or a judge.

(3)  A party interrogated that gives notice under subrule (1) must, within 14 days after the interrogatories are delivered, give the party interrogating a written answer or objection to each of the interrogatories that is not identified under subrule (2)(c) .

(4)  A party interrogated that does not give notice under subrule (1) must, within 14 days after the interrogatories are delivered, give the party interrogating a written answer or objection to each of the interrogatories.

(5)  A party interrogating that is given notice under subrule (1) in respect of an interrogatory may apply to the Court or a judge for leave to administer the interrogatory.

(6)  The Court or a judge may grant leave to a party to administer an interrogatory only if satisfied that –

(a) the interrogatory is necessary; or

(b) special reasons justify its administration.

(7)  A party interrogated pursuant to leave granted under subrule (6) must, within 14 days after leave is granted, give the party interrogating a written answer or objection to each of the interrogatories.

(8)  A party interrogated that objects under subrule (3) , (4) or to answering an interrogatory is not entitled to object to answering the interrogatory on the ground that the interrogatory is unnecessary.