(1) Subject to any
objection under regulation 25, when the clerk gives an order under
regulation 19(1)(a), the party must lodge and serve a list of the
documents within the period ordered by the clerk.
(2) Subject to any
objection under regulation 25, if the party subsequently —
comes into possession; or
becomes aware that it is in possession,
of further documents
required to be disclosed under the clerk’s order, the party must,
as soon as practicable after that, lodge and serve a list of those documents.
(3) An order under
regulation 19(1)(a) may require a party to provide the list of documents
in an affidavit.
(4) Unless the Court
orders otherwise, a document in the possession, custody or power of the party
must not be used by the party as evidence in the trial of the case if it is
not disclosed —
the clerk gives an order under regulation 19(1)(a), in the list of
documents referred to in this regulation; or
otherwise before the listing of the case for trial.