Federal Court Rules 2011

A list of documents must be in accordance with Form 38.

The list must describe:

each category of documents in the party’s control sufficiently to identify the category but not necessarily the particular document; and

each document that has been, but is no longer in the party’s control, a statement of when the document was last in the party’s control and what became of it; and

each document in the party’s control for which privilege from production is claimed and the grounds of the privilege.

A party may apply to the Court, before or after the list of documents has been served, for an order:

about the use of categories in the list; or

that a more detailed list of documents be provided; or

that each document in a category be separately described.

The list of documents must be verified by an affidavit sworn in accordance with rule 20.22.

Control is defined in the Dictionary.