sec.223Court orders relating to disclosure

### sec.223 Court orders relating to disclosure The court may order a party to a proceeding to disclose to another party a document or class of documents by— delivering to the other party in accordance with this division a copy of the document, or of each document in the class; or producing for the inspection of the other party in accordance with this division the document, or each document in the class. The court may order a party to a proceeding (the first party ) to file and serve on another party an affidavit stating— that a specified document or class of documents does not exist or has never existed; or the circumstances in which a specified document or class of documents ceased to exist or passed out of the possession or control of the first party. The court may order that delivery, production or inspection of a document or class of documents for disclosure— be provided; or not be provided; or be deferred. An order mentioned in subrule (1) or (2) may be made only if— there are special circumstances and the interests of justice require it; or it appears there is an objective likelihood— the duty to disclose has not been complied with; or a specified document or class of documents exists or existed and has passed out of the possession or control of a party. If, on an application for an order under this rule, objection is made to the disclosure of a document (whether on the ground of privilege or another ground), the court may inspect the document to decide the objection. r 223 amd 2021 SL No. 184 s 9 (sec.223-ssec.1) The court may order a party to a proceeding to disclose to another party a document or class of documents by— delivering to the other party in accordance with this division a copy of the document, or of each document in the class; or producing for the inspection of the other party in accordance with this division the document, or each document in the class. (sec.223-ssec.2) The court may order a party to a proceeding (the first party ) to file and serve on another party an affidavit stating— that a specified document or class of documents does not exist or has never existed; or the circumstances in which a specified document or class of documents ceased to exist or passed out of the possession or control of the first party. (sec.223-ssec.3) The court may order that delivery, production or inspection of a document or class of documents for disclosure— be provided; or not be provided; or be deferred. (sec.223-ssec.4) An order mentioned in subrule (1) or (2) may be made only if— there are special circumstances and the interests of justice require it; or it appears there is an objective likelihood— the duty to disclose has not been complied with; or a specified document or class of documents exists or existed and has passed out of the possession or control of a party. (sec.223-ssec.5) If, on an application for an order under this rule, objection is made to the disclosure of a document (whether on the ground of privilege or another ground), the court may inspect the document to decide the objection. - (a) delivering to the other party in accordance with this division a copy of the document, or of each document in the class; or - (b) producing for the inspection of the other party in accordance with this division the document, or each document in the class. - (a) that a specified document or class of documents does not exist or has never existed; or - (b) the circumstances in which a specified document or class of documents ceased to exist or passed out of the possession or control of the first party. - (a) be provided; or - (b) not be provided; or - (c) be deferred. - (a) there are special circumstances and the interests of justice require it; or - (b) it appears there is an objective likelihood— (i) the duty to disclose has not been complied with; or (ii) a specified document or class of documents exists or existed and has passed out of the possession or control of a party. - (i) the duty to disclose has not been complied with; or - (ii) a specified document or class of documents exists or existed and has passed out of the possession or control of a party. - (i) the duty to disclose has not been complied with; or - (ii) a specified document or class of documents exists or existed and has passed out of the possession or control of a party.