Inspection of, and dealing with, documents and things produced otherwise than on attendance
33.9 Inspection of, and dealing with, documents and things produced otherwise than on attendance
(cf SCR Part 37, rule 9)
This rule applies if an addressee produces a document or thing in accordance with rule 33.6(4)(b).
On the request in writing of a party, the registrar must inform the party whether production in response to a subpoena has occurred, and, if so, include a description, in general terms, of the documents and things produced.
Subject to this rule, no person may inspect a document or thing produced unless the court has granted leave and the inspection is in accordance with that leave.
Unless the court orders otherwise, the registrar may permit the parties to inspect at the office of the registrar any document or thing produced unless the addressee, a party or any person having sufficient interest objects to the inspection under this rule.
If the addressee objects to a document or thing being inspected by any party to the proceeding, the addressee must, at the time of production, notify the registrar in writing of the objection and of the grounds of the objection.
If a party or person having a sufficient interest objects to a document or thing being inspected by a party to the proceeding, the objector may notify the registrar in writing of the objection and of the grounds of the objection.
On receiving notice of an objection under this rule, the registrar—
must not permit any, or any further, inspection of the document or thing the subject of the objection, and
must refer the objection to the court for hearing and determination.
The registrar must notify the issuing party of the objection and of the date, time and place at which the objection will be heard, and the issuing party must notify the addressee, the objector and each other party accordingly.
The registrar must not permit any document or thing produced to be removed from the office of the registrar except on application in writing signed by the solicitor for a party.
Note.
See rule 1.3(2) with respect to the meaning of the reference to a solicitor for a party.
A solicitor who signs an application under subrule (9) and removes a document or thing from the office of the registrar, undertakes to the court by force of this rule that—
the document or thing will be kept in the personal custody of the solicitor or a barrister briefed by the solicitor in the proceeding, and
the document or thing will be returned to the registry in the same condition, order and packaging in which it was removed, as and when directed by the registrar.
Note.
See rule 1.3(3) with respect to the meaning of the reference to a solicitor who removes a document or thing from the office of the registrar and the reference to the personal custody of the solicitor.
The registrar may, in the registrar’s discretion, grant an application under subrule (9) subject to conditions or refuse to grant the application.
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