When leave is required
408A When leave is required
A party interrogated may give notice to the party interrogating that some or all of the interrogatories will not be answered unless administered with the leave of the Court or a judge.
A notice under subrule (1) is to – be in writing; and be given within 14 days after the interrogatories are delivered; and identify, by its distinctive number, each interrogatory that will not be answered unless administered with the leave of the Court or a judge.
A party interrogated that gives notice under subrule (1) must, within 14 days after the interrogatories are delivered, give the party interrogating a written answer or objection to each of the interrogatories that is not identified under subrule (2)(c).
A party interrogated that does not give notice under subrule (1) must, within 14 days after the interrogatories are delivered, give the party interrogating a written answer or objection to each of the interrogatories.
A party interrogating that is given notice under subrule (1) in respect of an interrogatory may apply to the Court or a judge for leave to administer the interrogatory.
The Court or a judge may grant leave to a party to administer an interrogatory only if satisfied that – the interrogatory is necessary; or special reasons justify its administration.
A party interrogated pursuant to leave granted under subrule (6) must, within 14 days after leave is granted, give the party interrogating a written answer or objection to each of the interrogatories.
A party interrogated that objects under subrule (3), (4) or (7) to answering an interrogatory is not entitled to object to answering the interrogatory on the ground that the interrogatory is unnecessary.
For the removal of doubt, if a party gives notice under subrule (1) in respect of an interrogatory, no obligation to answer the interrogatory arises other than pursuant to a grant of leave.
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