Tasmanian Consolidated Regulations

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SUPREME COURT RULES 2000 - REG 408A

When leave is required
(1)  A party interrogated may give notice to the party interrogating that some or all of the interrogatories will not be answered unless administered with the leave of the Court or a judge.
(2)  A notice under subrule (1) is to –
(a) be in writing; and
(b) be given within 14 days after the interrogatories are delivered; and
(c) identify, by its distinctive number, each interrogatory that will not be answered unless administered with the leave of the Court or a judge.
(3)  A party interrogated that gives notice under subrule (1) must, within 14 days after the interrogatories are delivered, give the party interrogating a written answer or objection to each of the interrogatories that is not identified under subrule (2)(c) .
(4)  A party interrogated that does not give notice under subrule (1) must, within 14 days after the interrogatories are delivered, give the party interrogating a written answer or objection to each of the interrogatories.
(5)  A party interrogating that is given notice under subrule (1) in respect of an interrogatory may apply to the Court or a judge for leave to administer the interrogatory.
(6)  The Court or a judge may grant leave to a party to administer an interrogatory only if satisfied that –
(a) the interrogatory is necessary; or
(b) special reasons justify its administration.
(7)  A party interrogated pursuant to leave granted under subrule (6) must, within 14 days after leave is granted, give the party interrogating a written answer or objection to each of the interrogatories.
(8)  A party interrogated that objects under subrule (3) , (4) or (7) to answering an interrogatory is not entitled to object to answering the interrogatory on the ground that the interrogatory is unnecessary.
(9)  For the removal of doubt, if a party gives notice under subrule (1) in respect of an interrogatory, no obligation to answer the interrogatory arises other than pursuant to a grant of leave.



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