34Notice to produce to court

34 Notice to produce to court

34.1 Notice to produce to court

(cf SCR Part 36, rule 16; DCR Part 28, rule 18; LCR Part 23, rule 9)

(1) A party may, by notice served on another party, require the other party to produce to the court, or to any examiner—

(a) at any hearing in the proceedings or before any such examiner, or

(a1) at any time fixed by the court for the return of subpoenas, or

(b) by leave of the court, at some other specified time,

any specified document or thing.

(2) The other party must comply with a notice to produce—

(a) by producing the notice or a copy of it, and the document or thing, to the court, or to the examiner authorised to take evidence in the proceeding as permitted by the court, at the date, time and place specified for production, or

(b) by delivering or sending the notice or a copy of it, and the document or thing, to the registrar at the address specified for the purpose in the notice, so that they are received not less than 2 clear days before the date specified in the notice for production.

rule 34.1: Am 2006 (716), Sch 1 [18] [19].