sec.208COrders to ascertain identity or whereabouts of prospective defendant

### sec.208C Orders to ascertain identity or whereabouts of prospective defendant The court may make an order under subrule (2) if it appears to the court that— an applicant may have a right to relief against a prospective defendant; and the applicant has made reasonable inquiries, but is unable to sufficiently ascertain the identity or whereabouts of the prospective defendant; and another person may have information, or possession or control of a document or thing, that may assist in ascertaining the identity or whereabouts of the prospective defendant. The court may order that the other person— attend to give evidence relating to the identity or whereabouts of the prospective defendant as directed by the order; or produce to the applicant a document or thing relating to the identity or whereabouts of the prospective defendant as directed by the order. If the court makes an order under subrule (2) (a) , it may also order that the other person— produce to the court a document or thing relating to the identity or whereabouts of the prospective defendant as directed by the order; or give evidence before a registrar. Unless the court orders otherwise— an application for an order under subrule (2) must be supported by an affidavit stating— the facts on which the applicant relies; and the information, document or thing in respect of which the order is sought; and a copy of the application and the supporting affidavit must be served personally on the other person. An application for an order under subrule (2) must be made— if it relates to an existing proceeding to which the applicant is a party—by application in the proceeding; or otherwise—by originating application. r 208C ins 2021 SL No. 184 s 7 (sec.208C-ssec.1) The court may make an order under subrule (2) if it appears to the court that— an applicant may have a right to relief against a prospective defendant; and the applicant has made reasonable inquiries, but is unable to sufficiently ascertain the identity or whereabouts of the prospective defendant; and another person may have information, or possession or control of a document or thing, that may assist in ascertaining the identity or whereabouts of the prospective defendant. (sec.208C-ssec.2) The court may order that the other person— attend to give evidence relating to the identity or whereabouts of the prospective defendant as directed by the order; or produce to the applicant a document or thing relating to the identity or whereabouts of the prospective defendant as directed by the order. (sec.208C-ssec.3) If the court makes an order under subrule (2) (a) , it may also order that the other person— produce to the court a document or thing relating to the identity or whereabouts of the prospective defendant as directed by the order; or give evidence before a registrar. (sec.208C-ssec.4) Unless the court orders otherwise— an application for an order under subrule (2) must be supported by an affidavit stating— the facts on which the applicant relies; and the information, document or thing in respect of which the order is sought; and a copy of the application and the supporting affidavit must be served personally on the other person. (sec.208C-ssec.5) An application for an order under subrule (2) must be made— if it relates to an existing proceeding to which the applicant is a party—by application in the proceeding; or otherwise—by originating application. - (a) an applicant may have a right to relief against a prospective defendant; and - (b) the applicant has made reasonable inquiries, but is unable to sufficiently ascertain the identity or whereabouts of the prospective defendant; and - (c) another person may have information, or possession or control of a document or thing, that may assist in ascertaining the identity or whereabouts of the prospective defendant. - (a) attend to give evidence relating to the identity or whereabouts of the prospective defendant as directed by the order; or - (b) produce to the applicant a document or thing relating to the identity or whereabouts of the prospective defendant as directed by the order. - (a) produce to the court a document or thing relating to the identity or whereabouts of the prospective defendant as directed by the order; or - (b) give evidence before a registrar. - (a) an application for an order under subrule (2) must be supported by an affidavit stating— (i) the facts on which the applicant relies; and (ii) the information, document or thing in respect of which the order is sought; and - (i) the facts on which the applicant relies; and - (ii) the information, document or thing in respect of which the order is sought; and - (b) a copy of the application and the supporting affidavit must be served personally on the other person. - (i) the facts on which the applicant relies; and - (ii) the information, document or thing in respect of which the order is sought; and - (a) if it relates to an existing proceeding to which the applicant is a party—by application in the proceeding; or - (b) otherwise—by originating application.