Wednesday, July 8, 2009

Discovery: Order 24

Stage where pleadings have closed and parties need to assess documentary evidence they will need to produce at trial to establish respective positions.

Mutual discovery allows them to reveal to each other the documentary evidence which bears upon the issues of the case – enable trial prep.

Encourages parties to settle by making them aware of the evidence.

O24 Rule 1:

Parties required to make and serve on each other lists of documents which are or have been in their possession power and custody relating to the matter in question within 14 days after pleadings are deemed to have closed.

Failure to do so (O24 r16) – court can make an order as it sees fits – including dismissing the action or defence struck out and judgment entered accordingly.

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