Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p20
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 20/154)
Character Range: 263586–266216

of the Crown suing or being sued in the party's official capacity—an officer of the Crown.
 (2) However, if the party is a person mentioned in paragraph (1)(b), (c), (d) or (e), the party to whom discovery is made may apply to the Court for an order specifying:
 (a) by name or otherwise—the person to make the affidavit; or
 (b) by reference to an officer or office—the persons from whom the party may choose the person to make the affidavit.
 (3) A person making an affidavit under paragraph (1)(c), (d) or (e) must know the facts to make the affidavit.

20.23  Discovery from non‑party
 (1) If a party believes that a person who is not a party has or is likely to have, or has had or is likely to have had, in the person's control, documents that are directly relevant to an issue raised on the pleadings or affidavits, the party may apply to the Court for an order that the person make discovery of the documents to the party.
 (2) An application under this rule must:
 (a) be served personally on the person; and
 (b) be accompanied by an affidavit:
 (i) stating the facts on which the applicant relies; and
 (ii) identifying, as precisely as possible, the documents, or categories of documents to which the application relates.
 (3) A copy of the accompanying affidavit for an application must be served on each person on whom the application is served.
 (4) In subrule (1), a reference to an affidavit is a reference to:
 (a) an affidavit accompanying an originating application; and
 (b) an affidavit in response to the affidavit accompanying the originating application.

20.24  Non‑party's obligation
  If the Court orders a person who is not a party to make discovery, the person must file a list of documents, in accordance with rule 20.17.
Note: For production by a non‑party, see rule 20.33.

20.25  Non‑party's costs and expenses
  A person against whom an order is sought or made under rule 20.23 may apply to the Court for an order:
 (a) that the party applying for the discovery give security for the person's costs and expenses; and
 (b) that the party who applied for the discovery pay the person's costs and expenses, including:
 (i) the expense of making discovery and giving production; and
 (ii) the expense of complying with the order made under rule 20.23.
Rules 20.26–20.30 left blank

Division 20.3—Production for inspection

20.31  Notice to produce document in pleading or affidavit
 (1) A party (the first party) may serve on another party (the second party) a notice to produce, in accordance with Form 39, for the inspection of any document mentioned in a pleading or affidavit filed by the second