UCPR - 209-227 (Disclosure), 242-249 (Non-Party Disclosure)

Question 1

Who and when does the disclosure rules apply to? (UCPR; FCR)

Answer 1

r 209(1)-(2) - Disclosure provisions automatically apply for all matters started by claim, and to applications if directed by the court; The part applies to all parties.

FCR 20.12 - No discovery without court order (check)

Question 2

Disclosure (UCPR) (State rules (3))

(1) What is the duty of disclosure re documents and how long does it last?;
(2) When documents does the duty of disclosure not apply to?;
(3) If privliege is claimed on a document party must do what?

Answer 2

r 211 - Parties must disclose each document (1) in possession or under control (2) which is directly relevant to an allegation in the pleadings. This obligation continues until the matter is decided.

r 212 - Does not apply to (1) documents covered by privilege does not include expert reports (2) document only relevant to credit (3) additional copies of documents already disclosed.

r 213 - A party can challenge a claim of privilege if so the party claiming must within 7 days file and serve an affidavit explaining the claim.

Question 3

How can a party get a copy of document mentioned in a parties pleadings, particulars, or affidavits? (UCPR)

Answer 3

r 222 - A party may by written notice request a document mentioned in pleadings, particulars, or affidavits produce a document for inspection or permit copies of documents to be made.

Question 4

How does a party perform disclosure? UCPR (3)

Answer 4

r 214 - disclosure by delivery of list of documents or copies-
A party performs the duty of disclosure by delivering a list of documents to the opposite party and, on the oppose parties request delivering the opposite party a copy of any document requested subject to privilege. There must be list distinguishing privilege from non privileged documents.

or

r 216;217 - Disclosure by inspection of documents - Producing documents by inspection at a convenient place and time if it is not convenient to deliver copies due to size, quantity, or volume ect to produce original document. The documents must be arranged in an easily accessible way and a person must be available to assist.

Question 5

What is the consequence of nondisclosure? UCPR

Answer 5

r 225 - If a party does not disclosure a document under the division the party must not tender the document or adduce evidence at trial without leave of the court, and is liable to contempt for not disclosing and may be ordered to pay part cost of proceeding.

A party may also apply for a stay or dismissal of the proceeding, a order against the defaulting party, or an order for disclosure.

Question 6

What is non-party disclosure/discovery? UCPR; FCR

Answer 6

r 242 - A party may serve a notice for disclosure on a non party to produce a document within 14 days if that document is directly relevant to an allegation in issue and is under their control or possession and that is a document the respondent could be required to produce at the trial.

CF as to FCR, application for non-party discovery at r 20.23 FCR.