Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered RegulationsFORM 27A O. 34B r. 3
NOTICE FOR NON-PARTY PRODUCTION
[ Heading as in Form 1 ]
To ( name ) of ( address )
Take notice that you are required to produce to the *[plaintiff/ defendant] in this action for inspection the document/s specified in the Schedule in your possession or control relating to a matter in question in the action that you could be required to produce at the trial of the action.
The document/s must be produced at your, or your solicitor's, place of business during ordinary business hours, or at another time and place agreed between the *[plaintiff/ plaintiff's solicitor/ defendant/ defendant's solicitor] and you, within *[14 days/ ( period longer than 14 days )] after service of this notice on you.
If you fail to produce *[the/ a] specified document, the *[plaintiff/ defendant] may apply to the Court for a determination in relation to the failure.
The *[plaintiff/ defendant] or the solicitor is entitled to copy the document/s produced unless you object. If you do object, the *[plaintiff/ defendant] may apply to the Court for a determination in relation to the objection.
You may, within 14 days after service of this notice on you, apply to the Court to have it set aside or varied.
If you claim that *[the/ a] specified document is privileged from production or otherwise object to its production, you need not produce the document and you may apply to the Court for a determination in relation to the claim or objection.
Any expenses reasonably incurred by you in complying with this notice, including costs of facilitating the copying of any document/s, shall be borne by the *[plaintiff/ defendant]. If you have not received an amount that you consider adequate to compensate you for expenses reasonably incurred, or expected to be reasonably incurred, in complying with this notice, you must still comply with this notice and you may apply in writing to the Registrar under Order 34B subrule 9 (2) of the Supreme Court Rules for a determination of the amount that is sufficient to compensate you for those expenses but, before so applying, you must give 7 days notice in writing of your intention to do so to the applicant for this notice.
You must notify the *[plaintiff/ plaintiff's solicitor/ defendant/ defendant's solicitor] of the place and time at which the document/s will be available for inspection. The *[name of the *[plaintiff's/ defendant's] solicitor is ( name ) and the] relevant address and telephone number is ( address and telephone number ).
SCHEDULE
( description of document/s )
( If a copy of the notice is to be served on another party pursuant to Order 34B subrule 4 (2) of the Supreme Court Rules )
*[To ( name of other party ) of ( address )
You may, within 14 days after service of this notice on the respondent to the notice, apply to the Court to have it set aside or varied.
If you claim that *[the/ a] specified document is privileged from production or otherwise object to its production, you may apply to the Court for a determination in relation to the claim or objection.]
Dated:
By the Court
Registrar
*( Delete if, or whichever is, inapplicable )