408AWhen leave is required

### 408A When leave is required > [*\[Rule 408A Inserted by S.R. 2011, No. 39, Applied:08 Jun 2011\]*](/view/html/inforce/2011-06-08/sr-2011-039#GS5@EN) > > > (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)](#GS408A@Gs1@EN) 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)](#GS408A@Gs1@EN) 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)](#GS408A@Gs2@Hpc@EN) . > > > (4)  A party interrogated that does not give notice under [subrule (1)](#GS408A@Gs1@EN) 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)](#GS408A@Gs1@EN) 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)](#GS408A@Gs6@EN) 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)](#GS408A@Gs3@EN) , [(4)](#GS408A@Gs4@EN) or [(7)](#GS408A@Gs7@EN) to answering an interrogatory is not entitled to object to answering the interrogatory on the ground that the interrogatory is unnecessary. > > > (9)  For the removal of doubt, if a party gives notice under [subrule (1)](#GS408A@Gs1@EN) in respect of an interrogatory, no obligation to answer the interrogatory arises other than pursuant to a grant of leave.