Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p21
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 21/154)
Character Range: 265989–268626

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 party.
 (2) The second party must, within 4 days after being served with the notice to produce, serve the first party with a notice:
 (a) stating:
 (i) a time, within 7 days after service of the notice, when the document may be inspected; and
 (ii) a place where the document may be inspected; or
 (b) stating:
 (i) that the document is not in the second party's control; and
 (ii) to the best of the second party's knowledge—where the document is and in whose control it is; or
 (c) claiming that the document is privileged and stating the grounds of the privilege.
 (3) If the second party does not comply with paragraph (2)(a) or (b) or claims that the document is privileged, the first party may apply to the Court for an order for production for inspection of the document.
Note: Control is defined in the Dictionary

20.32  Order for production from party
 (1) A party (the first party) may apply to the Court for an order that another party (the second party) produce for inspection any document that is included in the second party's list of documents and that is in that party's control.
 (2) The Court may order that production for inspection be by electronic means.

20.33  Order for production from non‑party
  If a non‑party is ordered to give discovery under rule 20.23 but refuses or neglects to allow inspection of the documents, the party who applied for the discovery may apply to the Court for an order that the non‑party produce for inspection any document that is included in the non‑party's list of documents and that is in the person's control.

20.34  Copying of documents produced for inspection
  A party to whom a document is produced for inspection under this Division may, at the party's expense, copy or make an electronic image of the document subject to any reasonable conditions imposed by the person producing the document.

20.35  Production to Court
 (1) A party may apply to the Court for an order that another party produce to the Court a document in the party's control relating to an issue in the proceeding.
 (2) The Court may inspect a document to decide the validity of an objection to production, including a claim that the document is privileged from production.

Part 21—Interrogatories

21.01  Order for interrogatories
 (1) A party may apply to the Court for an order that another party provide written answers to interrogatories.
 (2) The application must be