(1) A party (the
"applicant" ) to a proceeding may by notice of non-party disclosure require a person who is not party to the proceeding (the
"respondent" ) to produce to the applicant, within 14 days after service of the notice on the respondent, a document—(a) directly relevant to an allegation in issue in the proceeding; and(b) in the possession or under the control of the respondent; and(c) that is a document the respondent could be required to produce at the trial of the matter.
(2) The applicant may not require production of a document if there is available to the applicant another reasonably simple and inexpensive way of proving the matter sought to be proved by the document.
(3) The respondent must comply with the notice but not before the end of 7 days after service of the notice on the respondent.
(4) Disclosure under this part is not an ongoing duty.