(1) If there has been an implied joinder of issue between the parties to a proceeding, any of the parties may, unless the Magistrates Court otherwise orders, by notice for discovery filed and served on another of the parties, require the party served to give discovery of documents.
Note If a form is approved under the Act, s 96 (Approved forms) for a notice, the form must be used.
(2) However, a party to a proceeding may require discovery under subregulation (1) after a certificate of readiness for hearing has been filed only if the certificate has been withdrawn or struck out.