Notice to produce
30.28 Notice to produce
A party may serve on another party a notice, in accordance with Form 61, requiring the party served to produce any document or thing in the party’s control:
at any trial or hearing in the proceeding; or
at any hearing before a Registrar or any examiner or other person having authority to take evidence in the proceeding.
If the document or thing required to be produced under subrule (1) is not produced, the party serving the notice may lead secondary evidence of the contents or nature of the document or thing.
If a notice under subrule (1) specifies a date for production, and is served 5 days or more before that date, the party served with the notice must produce the document or thing in accordance with the notice, without the need for a subpoena for production.
A party who fails to comply with a notice under subrule (1) may be liable to pay any costs incurred because of the failure.
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