Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p19
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 19/154)
Character Range: 261273–263803

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 any other copy is discoverable.

20.19  Claim of privilege
  A party may not claim that a document is privileged from production on the ground that:
 (a) it relates solely to, and does not tend to undermine, the party's own case; and
 (b) it does not relate to or tend to support another party's case.

20.20  Supplementary discovery
 (1) A party who has been ordered to give discovery is under a continuing obligation to discover any document:
 (a) not previously discovered; and
 (b) that would otherwise be necessary to be discovered to comply with the order.
 (2) However, a party is not obliged to discover any document that has been created after the proceeding was started, if the party is entitled to claim privilege from production for the document.

20.21  Order for particular discovery
 (1) If a party (the first party) claims that a document or category of documents may be or may have been in another party's control (the second party), the first party may apply to the Court for an order that the second party file an affidavit stating:
 (a) whether the document or any document of that category is or has been in the second party's control; and
 (b) if the document or category of documents has been but is no longer in the second party's control—when it was last in the second party's control and what became of it.
 (2) The first party seeking an order under subrule (1) must identify the document or category of documents as precisely as possible.

20.22  Deponent for affidavit for discovery
 (1) An affidavit verifying a party's list of documents or an affidavit to be filed by a party under an order under rule 20.21 must be made by one of the following:
 (a) the party;
 (b) if the party is a person under a legal incapacity—the party's litigation representative;
 (c) if the party is a corporation or organisation—an officer of the corporation or organisation;
 (d) if the party is a body or persons lawfully suing or being sued in the name of the body or in the name of any officer or other person—a member or officer of the body;
 (e) if the party is the Crown or an officer 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