Non‑standard and more extensive discovery
20.15 Non‑standard and more extensive discovery
A party seeking an order for discovery (other than standard discovery) must identify the following:
any criteria mentioned in rules 20.14(1) and (2) that should not apply;
any other criteria that should apply;
whether the party seeks the use of categories of documents in the list of documents;
whether discovery should be given in an electronic format;
whether discovery should be given in accordance with a discovery plan.
An application by a party under subrule (1) must be accompanied by the following:
if categories of documents are sought—a list of the proposed categories; and
if discovery is sought by an electronic format—the proposed format; and
if a discovery plan is sought to be used—a draft of the discovery plan.
An application by a party seeking more extensive discovery than is required under rule 20.14 must be accompanied by an affidavit stating why the order should be made.
For this Division:
category of documents includes documents, or a bundle of documents, of the same or a similar type of character.
A discovery plan is a plan that has regard to the issues in dispute and the likely number, nature and significance of the documents discoverable in relation to those issues—see the Court’s Practice Note CM6, ‘Electronic Technology in Litigation’.
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