Supreme Court Rules 2000

A party to an action, if requested by notice by any other party at any time after the pleadings between them are deemed to be closed, is to – make discovery by producing to the other party for inspection all discoverable documents in respect of which privilege is not claimed; and if the other party so requires in the notice, make and serve on the other party a list of all discoverable documents.

Discovery is to be made – within 14 days after receipt of the notice; or within any further period as is agreed between the parties or allowed by the Court or a judge before the filing of the certificate of readiness or the making of an order that the action be set down for trial, whichever occurs first.

Subrule (1) does not apply to third or subsequent party proceedings, unless the Court or a judge otherwise orders.

Subrule (1) does not require a defendant to an action – to recover a penalty recoverable under an enactment, to make discovery of any document; or to enforce a forfeiture, to make discovery of any document relating to the issue of forfeiture; or arising out of an accident on land due to a collision or apprehended collision involving a vehicle, to make discovery of any document unless the Court or a judge otherwise orders.

Subrule (4) applies to a counterclaim as it applies to an action as if references to the defendant were references to the defendant to the counterclaim.

On the application of any party required to make discovery of documents, the Court or a judge – may order a party to the action to make discovery of any document or class of document, or as to any of the matters in question, as may be specified in the order; or if discovery by a party is not necessary, or not necessary at that stage of the action, may order that there be no discovery of documents by that party, either at all or at that stage; or may dispense with or limit the discovery of documents.

An application under subrule (6) is to be made before the expiration of the period within which discovery of documents in an action is required to be made.

A party requiring discovery of documents to be made may serve on the party required to make discovery a notice requiring that party to make an affidavit verifying the list of discoverable documents.

A notice under subrule (8) may be served at any time before the certificate of readiness is filed or an order that the action be set down for trial is made, whichever occurs first.

Within 14 days after service on a party of a notice under subrule (8), the party is to – make and file an affidavit in compliance with the notice; and serve a copy of the affidavit on the party by whom the notice was served.

Subject to section 11(9) of the Act, a party is not bound to make discovery as to any fact, communication or document in relation to which that party would have been protected from making discovery before the commencement of the Act.