(1) This rule applies if:
(a) a party claims:
- (i)
- privilege from production of a document; or
- (ii)
- that the party is unable to produce a document; and
- (b)
- another party, by written notice, challenges the claim.
- (2)
- The party making the claim must, within 7 days after the other party
challenges the claim, file an affidavit setting out details of the claim.
Note
If there is a dispute about disclosure, an application may be made to the
court (see rules 13.18 and 13.22).