(1) A requesting party may serve a Notice of Non-party Production of Documents (Form 12) on a non-party, requiring the non-party to produce to the requesting party a specified document or class of documents:

(a)

relevant to an issue in the case;

(b)

in the possession, or under the control, of the non-party; and

(c)

that the non-party may be required to produce at the trial.

(2)

A Form 12 may be served only if there is no other reasonably simple and inexpensive way of proving the issue sought to be proved by the document specified in the Form.