If, at any stage of a proceeding, it appears to the Court from evidence or
from the nature or circumstances of the case or from any document filed, that
some document or class of document relating to a matter in question in the
proceeding may be, or may have been, in the possession, custody or control of
a party, the Court may order the party:
- (a)
- to file an affidavit stating:
- (i)
- whether the document, or a document of that class, is or has been in the
possession, custody or control of the party; and
- (ii)
- if it has been but is not then in the possession, custody or control of
the party, when the party parted with it and what has become of it; and
- (b)
- to serve the affidavit on another party.