Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 621

Orders about production of documents for inspection

    (1)     This rule applies to the production of documents by a party to a proceeding for inspection by another party to the proceeding.

    (2)     The court may do any of the following:

        (a)     make an order for production of documents by 1 or more parties to be made in stages or in a stated way;

        (b)     inspect a document to decide whether it ought to be produced;

        (c)     make an order about whether a document has to be produced by a party (either generally, at a particular time or to a particular party);

        (d)     make an order for a document stored on a computer to be produced in a stated way or form;

        (e)     make any other order about production of documents that it considers appropriate.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.

    (3)     Before making an order under subrule (2), the court must have regard to the following matters:

        (a)     the principle that production of documents in a proceeding should be limited to production that is reasonable and necessary for fairly disposing of the proceeding, or part of the proceeding, or for saving costs;

        (b)     the likely relevance and significance, in relation to the proceeding, of the documents, or particular documents, that may be produced;

        (c)     the likely time, cost and inconvenience of producing documents or particular documents.

    (4)     Subrule (3) does not limit the matters to which the court may have regard.



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