Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 660

Notice for non-party production—issue

    (1)     At the request of a party to a proceeding, the registrar must, unless the court otherwise orders, issue a notice (a notice for non-party production ) requiring a person who is not a party to the proceeding to produce for inspection a document

        (a)     relating to a matter in issue in the proceeding; and

        (b)     in the person's possession; and

        (c)     that the person could be required to produce at the trial of the proceeding.

Note 1     See approved form 2.27 (Notice for non-party production) AF2011-51

.

Note 2     See div 6.3.3 (Rejecting filed documents) for the registrar's powers to reject documents.

    (2)     The applicant may not require production of a document if there is available to the applicant another reasonably simple and inexpensive way of proving the matter sought to be proved by the document.

    (3)     For this rule, a matter is in issue until it is—

        (a)     admitted or taken to be admitted; or

        (b)     withdrawn, struck out or otherwise disposed of.



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