Australian Capital Territory Numbered Regulations

COURT PROCEDURES AMENDMENT RULES 2008 (NO 2) (NO 44 OF 2008) - REG 8

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Division 6.10.3A     Notice to produce

6748     Notice to produce

    (1)     A party to a proceeding may serve a notice on another party to the proceeding requiring the other party to produce to the court at the hearing of the proceeding a document or thing mentioned in the notice for the purpose of evidence in the proceeding.

Note     See approved form 6.20 (Notice to produce).

    (2)     The notice must be served on the other party not later than 14 days before the date set for the hearing of the proceeding unless the court otherwise orders.

    (3)     The other party must produce the document or thing mentioned in the notice to the court at the hearing if––

        (a)     the notice is served on the party in accordance with subrule (2); and

        (b)     the document or thing is in the party's possession.

    (4)     If the party required to produce the document or thing does not produce the document or thing to the court in accordance with the notice, the party requesting the production may—

        (a)     give secondary evidence of the contents or nature of the document or thing; or

        (b)     apply to the court for an order—

              (i)     that the other party produce the document or thing; or

              (ii)     adjourning the hearing.

    (5)     The court may order the other party to pay any costs caused by the party's failure to comply with the notice.

    (6)     The court may order the party requesting the production of the document or thing to pay any costs caused by the other party's compliance with the notice, if the court considers the production of the document or thing to be unnecessary.