Preservation Where a presumptive case of liability or a defence like to relieve liability wholly or partly is established, the court may make an order for the preservation or taking into custody of the subject matter of the litigation or may order that the amount in dispute be brought into court or otherwise secured. The court may, on the application of any party to the […]
Overview A party may formally ask the other party to answer questions to assist in litigation. It may be used to obtain admissions. The purpose of interrogatories is to avoid injustice to one party who lacks the knowledge and the ability conveniently to prove facts which are important to be established in aid of the party, where such party does not have the knowledge or […]
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 […]