QLDIn ForceRegulation
Uniform Civil Procedure Rules 1999
sec.242Notice requiring non-party disclosure
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### sec.242 Notice requiring non-party disclosure
A party (the applicant ) to a proceeding may by notice of non-party disclosure require a person who is not party to the proceeding (the respondent ) to produce to the applicant, within 14 days after service of the notice on the respondent, a document—
directly relevant to an allegation in issue in the proceeding; and
in the possession or under the control of the respondent; and
that is a document the respondent could be required to produce at the trial of the matter.
The applicant may not require production of a document if there is available to the applicant another reasonably simple and inexpensive way of proving the matter sought to be proved by the document.
The respondent must comply with the notice but not before the end of 7 days after service of the notice on the respondent.
Disclosure under this division is not an ongoing duty.
r 242 amd 2018 SL No. 127 s 53 ; 2021 SL No. 184 s 14
(sec.242-ssec.1) A party (the applicant ) to a proceeding may by notice of non-party disclosure require a person who is not party to the proceeding (the respondent ) to produce to the applicant, within 14 days after service of the notice on the respondent, a document— directly relevant to an allegation in issue in the proceeding; and in the possession or under the control of the respondent; and that is a document the respondent could be required to produce at the trial of the matter.
(sec.242-ssec.2) The applicant may not require production of a document if there is available to the applicant another reasonably simple and inexpensive way of proving the matter sought to be proved by the document.
(sec.242-ssec.3) The respondent must comply with the notice but not before the end of 7 days after service of the notice on the respondent.
(sec.242-ssec.4) Disclosure under this division is not an ongoing duty.
- (a) directly relevant to an allegation in issue in the proceeding; and
- (b) in the possession or under the control of the respondent; and
- (c) that is a document the respondent could be required to produce at the trial of the matter.