Victorian Consolidated Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 29.08

Order for particular discovery

    (1)     This Rule applies to any proceeding in the Court.

    (2)     Where, 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 in the proceeding that there are grounds for a belief that some document or class of document relating to any question in the proceeding may be or may have been in the possession of a party, the Court may order that party to make and serve on any other party an affidavit stating—

        (a)     whether that document or any, and if so what, document or documents of that class is or has been in that party's possession; and

        (b)     if it has been but is no longer in that party's possession, when the party parted with it and that party's belief as to what has become of it.

    (3)     An order may be made against a party under paragraph (2) notwithstanding that the party has already made or been required to make an affidavit of documents.



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