Notice for non-party production—issue
660 Notice for non-party production—issue
At the request of a party to a proceeding, the registrar must, unless the court otherwise orders, issue a notice (a notice for non-party production) requiring a person who is not a party to the proceeding to produce for inspection a document—
relating to a matter in issue in the proceeding; and
in the person’s possession; and
that the person could be required to produce at the trial of the proceeding.
See approved form 2.27 (Notice for non-party production) AF2011-51.
See div 6.3.3 (Rejecting filed documents) for the registrar’s powers to reject documents.
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.
For this rule, a matter is in issue until it is—
admitted or taken to be admitted; or
withdrawn, struck out or otherwise disposed of.
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