Direction for Interrogatories In any matter where relief is claimed by way of damages or otherwise ise sought on the ground of fraud or breach of trust, the claimant may, after delivering his statement of claim and the defendant may at any time after delivering his defence, without an order, and in every other case may with an order upon such terms as the security […]
Production of Documents The Court may at any time during pendency of an action, order the production by any party on oath, of such of the documents in his possession or power, relating to any matter in question or cause, as the Court shall think fit. A Court may deal with such documents, when produced, in such manner as shall appear just. Every party to […]
Stand Alone Discovery Exceptionally, the courts may allow proceedings whose principal object is to discover information. Where there is an alleged breach of intellectual property rights has occurred, proceedings may be allowed with a view to identifying infringers against parties such as Internet Service Providers and Customs authorities. This will be permitted only against defendants who have been unwittingly involved in some wrongdoing. They may […]
Affidavit of Discovery The form of affidavit of discovery is set out in the court rules. It contains schedules setting out in Part 1, the documents relevant to the particular categories ordered or agreed to be discovered which are in the power, possession or procurement of the party concerned. Part 2 is to state whether the person making discovery claiming privilege. If so, the nature […]
Effect of Privilege The effect of privilege is that a person may decline to answer certain questions as a witness or produce documents in discovery, even if they are relevant or would be otherwise admissible. Most examples of privilege operate absolutely. They are not a matter of discretion on the part of the judge. Privilege must be claimed. Neither the opposing party nor the judge […]
Overview In principle, it is possible for the court to make an order against a person who is not party to proceedings in order to discover documents under his possession, custody or power which are relevant to issues before the court. The procedures in respect of discovery between parties, applies to third-party discovery. The Rules of the Superior Court allow discovery against third-parties in all […]
Nature of Discovery Discovery is a process by which parties to litigation and civil proceedings may obtain disclosure of documents within the power, possession or procurement of the other party, which are relevant to the matters in dispute. It may assist one party’s case or damage it. A party must disclose relevant documents, notwithstanding that it may damage his case. The purpose of discovery is […]
Application and Order Court rules contemplate that an application for discovery be made after the pleadings (i.e. claim and defence) have been finalised. Voluntary discovery is encouraged. An application for discovery is not to be made later than 28 days after the action has been set down for trial, or listed for trial, if set down does not have the effect of listing trial. A […]
Request First Required An application for an order of discovery shall not be made unless the applicant for the same has previously requested by letter, that discovery be made voluntarily, a reasonable period of time for such discovery has been allowed and the party requested has failed, refused or neglected to make such discovery or ignored such request. In a case where by reason of […]
Further Particulars Any party to a proceedings may also, within the above time limits, by notice in writing require the other party to furnish such information as is reasonably necessary as to any specified matter arising upon a claim in a Civil Bill or a Defence or Counterclaim. The request shall be in format specified in the Schedule of Rules or as modified. A further […]