Northern Territory Consolidated Regulations

SUPREME COURT RULES 1987 - REG 81A.28

    (1)     If it appears that a person (other than the accused) has or is likely to have, or had or is likely to have had, in his or her possession or power a document that relates to a question likely to be raised at the trial of the accused, the Director or the accused may apply to the Court for an order that the person make discovery to the applicant of the document.

    (2)     Documents ordered to be discovered may be discovered:

        (a)     if the Court does not specify a method of discovery:

            (i)     by delivering to the applicant a list of the documents prepared in accordance with rule 29.04; or

            (ii)     by producing to the applicant the original documents for inspection; or

        (b)     if the Court specifies a method of discovery – by that method.

    (3)     If a document is produced to an applicant, the applicant may:

        (a)     copy the document, including by taking a photocopy or photograph of it; or

        (b)     request a photocopy of the document.

    (4)     If an applicant requests a photocopy of a document, the person producing the document must, at his or her option, either:

        (a)     allow the applicant to photocopy the document at a place agreed by the parties; or

        (b)     supply the applicant with a photocopy of the document.

    (5)     The cost of photocopying a document is payable by the applicant.

    (6)     If a person provides a list of documents in accordance with subrule (2)(a)(i), the person to whom the list is provided may apply to the Court for an order that:

        (a)     the documents or some of them be produced to the applicant for inspection; and

        (b)     the applicant pay the costs of preparing and serving the list of documents and the costs of opposing the order incurred by the person who was required to produce the document.

    (7)     Unless otherwise ordered by the Court, an application under subrule (1) or (6) is to be supported by affidavit and the application and supporting affidavit are to be served on the person against whom discovery is sought.

    (8)     An order under subrule (1) or (6) may be made ex parte if the applicant establishes that it is necessary to do so in the interests of justice.