21Definitions

21 Definitions

21.1 Definitions

(cf SCR Part 23, rule 1; DCR Part 22, rule 1)

(1) In this Division—

excluded document, in relation to proceedings the subject of an order for discovery, means any of the following documents—

(a) any document filed in the proceedings,

(b) any document served on party A after the commencement of the proceedings,

(c) any document that wholly came into existence after the commencement of the proceedings,

(d) any additional copy of a document included in the list of documents, being a document that contains no mark, deletion or other matter, relevant to a fact in question, not present in the document so included,

(e) any document comprising an original written communication sent by party B prior to the date of commencement of the proceedings of which a copy is included in the list of documents,

but does not include any document that the court declares not to be an excluded document for the purposes of those proceedings.

list of documents means a list of documents referred to in rule 21.3.

order for discovery means an order referred to in rule 21.2.

party A means a party to whom another party is giving discovery, or being ordered to give discovery, of documents.

party B means a party who is giving discovery, or being ordered to give discovery, of documents.

party B’s affidavit means an affidavit prepared in relation to the list of documents under rule 21.4.

Note.

See the Dictionary for further definitions including, in particular, a definition of possession.

(2) For the purposes of this Division, a document or matter is to be taken to be relevant to a fact in issue if it could, or contains material that could, rationally affect the assessment of the probability of the existence of that fact (otherwise than by relating solely to the credibility of a witness), regardless of whether the document or matter would be admissible in evidence.