(1)

After the final resolution event for a case, a party (the requesting party ) may, by written notice, ask another party (the disclosing party ) to give the requesting party a list of documents to which the duty of disclosure applies.

(2) The disclosing party must, within 21 days after receiving the notice, serve on the requesting party a list of documents identifying:

(a)

the documents to which the duty of disclosure applies;

(b)

the documents no longer in the disclosing party's possession or control to which the duty would otherwise apply (with a brief statement about the circumstances in which the documents left the party's possession or control); and

(c)

the documents for which privilege from production is claimed.

Note
Rule 13.07 sets out the documents to which the duty of disclosure applies.

(3) The requesting party may, by written notice, ask the disclosing party to:

(a)

produce a document for inspection; or

(b)

provide a copy of a document.

(4) The disclosing party must, within 14 days after receiving a notice under paragraph (3) (b), give the requesting party, at the requesting party's expense, the copies requested, other than copies of documents:

(a)

in relation to which privilege from production is claimed; or

(b)

that are no longer in the disclosing party's possession or control.

(5)

If a document that must be disclosed is located by, or comes into the possession or control of, a disclosing party after disclosure under subrule (2), the party must disclose the document within 7 days after it is located or comes into the party's possession or control.

Note
The court may shorten or extend the time for compliance with a rule (see rule 1.14).