Victorian Consolidated Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 29.09

Inspection of documents referred to in affidavit of documents

    (1)     A party upon whom an affidavit of documents is served in accordance with Rule 29.03 or in accordance with an order made under Rule 29.07 or 29.08 and a party to whom an affidavit of documents is supplied in accordance with Rule 29.06 may, by notice to produce served on the party making the affidavit, require that the party produce the documents in that party's possession referred to in the affidavit (other than any which that party objects to produce) for inspection.

    (2)     A party upon whom a notice to produce is served in accordance with paragraph (1) shall, within seven days after that service, serve on the party requiring production a notice appointing a time within seven days after service of the notice under this paragraph when, and a place where, the documents may be inspected.

    (3)     A notice to produce under paragraph (1) shall be in Form 29C.

    (4)     A party to whom documents are produced for inspection under this Rule may take copies of the documents.

    (5)     For the purpose of paragraph (4), taking a copy of a document includes photocopying the document, and if the party to whom a document is produced states that the party wishes to have it photocopied, the party producing the document shall at that party's option either—

        (a)     allow the other party to photocopy the document at such place as the parties agree; or

        (b)     supply the other party with a photocopy of the document.

    (6)     Unless the Court otherwise orders, the cost of a photocopy of a document supplied to a party in accordance with paragraph (5) shall—

        (a)     be borne by that party in the first instance and be ultimately a cost in the proceeding; and

        (b)     be in the amount allowed in Appendix A for copy documents.



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