Civil Procedure - Non-Party Disclosure

Question 1

What rules deal with non-party disclosure?

Answer 1

Rules 242-249

Question 2

What is the premise of Rule 242?

Answer 2

A request for non-party disclosure must not be used as a fishing expedition.

Question 3

What is the form and service of notice for non-party disclosure?

Answer 3

Rule 243

Basically the same as a claim.

Question 4

Which rule relates to others affected by notice?

Answer 4

Rule 244

Question 5

Can a party who has been served with a notice of non-party disclosure object to the production of some or all of the documents requested?

Answer 5

Rule 245

Yes. Within 7 days OR at a later time with leave of the court.

Question 6

Why would a party object to non-disclosure?

Answer 6

Rule 245(4)

Common reasons may include but are not limited to:

a) the expense

b) lack of relevance to the proceeding

c) lack of particularity with which the documents are described

d) privilege

e) confidential nature of the documents or their contents

f) effect of disclosure on any one person

g) the fact the objector was not served with the notice when they should have been

Question 7

What is the impact of the objection to disclose?

Answer 7

Rule 246

Objection stays the notice

Question 8

What order can the court make about the objection to disclose?

Answer 8

Rule 247(2)

a) lift the stay

b) vary the notice of non-party disclosure

c) set aside the notice

Question 9

What might the court consider when making an order about the objection to disclose?

Answer 9

Rule 246(4)

a) merit of the objection

b) public interest in the efficient and informed conduct of the litigation

c) public interest in not discouraging objections in good Fatih by those not a party to the litigation

Question 10

Which rules relate to production and copying of documents and the costs?

Answer 10

Rule 248 - Production and copying

Rule 249 - Costs