Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p18
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 18/154)
Character Range: 258900–261484

format;
 (e) whether discovery should be given in accordance with a discovery plan.
 (2) An application by a party under subrule (1) must be accompanied by the following:
 (a) if categories of documents are sought—a list of the proposed categories; and
 (b) if discovery is sought by an electronic format—the proposed format; and
 (c) if a discovery plan is sought to be used—a draft of the discovery plan.
 (3) An application by a party seeking more extensive discovery than is required under rule 20.14 must be accompanied by an affidavit stating why the order should be made.
 (4) For this Division:
category of documents includes documents, or a bundle of documents, of the same or a similar type of character.
Note: A discovery plan is a plan that has regard to the issues in dispute and the likely number, nature and significance of the documents discoverable in relation to those issues—see the Court's Practice Note CM6, 'Electronic Technology in Litigation'.

20.16  Giving discovery
 (1) A party gives discovery by serving on all parties to the proceeding a list of documents, in accordance with rule 20.17.
 (2) The list must specify any category of documents for which a search was not made and state why a search was not made.
Note 1: The list of documents must not be filed in the Court.
Note 2: The Court will, in its order, specify the time for compliance.

20.17  List of documents
 (1) A list of documents must be in accordance with Form 38.
 (2) The list must describe:
 (a) each category of documents in the party's control sufficiently to identify the category but not necessarily the particular document; and
 (b) each document that has been, but is no longer in the party's control, a statement of when the document was last in the party's control and what became of it; and
 (c) each document in the party's control for which privilege from production is claimed and the grounds of the privilege.
 (3) A party may apply to the Court, before or after the list of documents has been served, for an order:
 (a) about the use of categories in the list; or
 (b) that a more detailed list of documents be provided; or
 (c) that each document in a category be separately described.
 (4) The list of documents must be verified by an affidavit sworn in accordance with rule 20.22.
Note: Control is defined in the Dictionary.

20.18  Copies of documents
  If a party is required to give discovery and the party has or has had in the party's control one or more copies of a particular document, the party need not give discovery of the copies only because the original or