UCPR Rules 5 (Disclosure) (220-242) Flashcards
Rule 220
Deferral of disclosure
(1)A party (the first party) may give to another party a written notice stating documents relating to a specified question or of a specified class are not to be disclosed to the first party until asked by the first party at a time that is reasonable having regard to the stage of the proceeding.
(2)The other party may disclose to the first party a document to which the notice relates only if the first party asks for its disclosure.
Rule 221
Disclosure of document relating only to damages
A party may disclose to another party a document relating only to damages only if the other party asks for its disclosure.
Rule 222
Inspection of documents referred to in pleadings or affidavits
A party may, by written notice, require another party in whose pleadings, particulars or affidavits mention is made of a document—
(a)to produce the document for the inspection of the party making the requirement or the solicitor for the party; and
(b)to permit copies of the document to be made.
Rule 223
Court orders relating to disclosure
(1)The court may order a party to a proceeding to disclose to another party a document or class of documents by—
(a)delivering to the other party in accordance with this division a copy of the document, or of each document in the class; or
(b)producing for the inspection of the other party in accordance with this division the document, or each document in the class.
(2)The court may order a party to a proceeding (the first party) to file and serve on another party an affidavit stating—
(a)that a specified document or class of documents does not exist or has never existed; or
(b)the circumstances in which a specified document or class of documents ceased to exist or passed out of the possession or control of the first party.
(3)The court may order that delivery, production or inspection of a document or class of documents for disclosure—
(a)be provided; or
(b)not be provided; or
(c)be deferred.
(4)An order mentioned in subrule (1) or (2) may be made only if—
(a)there are special circumstances and the interests of justice require it; or
(b)it appears there is an objective likelihood—
(i)the duty to disclose has not been complied with; or
(ii)a specified document or class of documents exists or existed and has passed out of the possession or control of a party.
(5)If, on an application for an order under this rule, objection is made to the disclosure of a document (whether on the ground of privilege or another ground), the court may inspect the document to decide the objection.
Rule 224
Relief from duty to disclose
(1)The court may order a party be relieved, or relieved to a specified extent, of the duty of disclosure.
(2)Without limiting subrule (1), the court may, in deciding whether to make the order, have regard to the following—
(a)the likely time, cost and inconvenience involved in disclosing the documents or classes of documents compared with the amount involved in the proceeding;
(b)the relative importance of the question to which the documents or classes of documents relate;
(c)the probable effect on the outcome of the proceeding of disclosing or not disclosing the documents or classes of documents;
(d)other relevant considerations.
Rule 225
Consequences of nondisclosure
(1)If a party does not disclose a document under this division, the party—
(a)must not tender the document, or adduce evidence of its contents, at the trial without the court’s leave; and
(b)is liable to contempt for not disclosing the document; and
(c)may be ordered to pay the costs or a part of the costs of the proceeding.
(2)If a document is not disclosed to a party under this division, the party may apply on notice to the court for—
(a)an order staying or dismissing all or part of the proceeding; or
(b)a judgment or other order against the party required to disclose the document; or
(c)an order that the document be disclosed in the way and within the time stated in the order.
(3)The court may, in an order under subrule (2)(c), specify consequences for failing to comply with the order.
Rule 226
Certificate by solicitor
(1)The solicitor having conduct of a proceeding for a party must give to the court at the trial, a certificate addressed to the court and signed by the solicitor—
(a)stating the duty of disclosure has been explained fully to the party; and
(b)if the party is a corporation—identifying the individual to whom the duty was explained.
(2)The certificate must be prepared and signed at or immediately before the trial.
Rule 227
Production of documents at trial
(1)Documents disclosed under this subdivision must be produced at the trial if—
(a)notice to produce them has been given with reasonable particularity; and
(b)their production is asked for at the trial.
(2)A document disclosed under this subdivision that is tendered at the trial is admissible in evidence against the disclosing party as relevant and as being what it purports to be.
Rule 242
Notice requiring non-party disclosure
(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—
(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.
(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.
(3)The respondent must comply with the notice but not before the end of 7 days after service of the notice on the respondent.
(4)Disclosure under this division is not an ongoing duty.
