County Court Rules (Northern Ireland) 1981

ORDER 15 Discovery, inspection and production of documents

Discovery of documents

1.—(1) Any party to any proceedings may give notice in writing to any other party requiring him to make discovery on oath of the documents relating to any question in the proceedings which are or have been in his possession or power.

(2) If the party to whom the notice has been given does not comply with it within three days from its receipt, the party who has given the notice may apply to the judge on notice for an order directing the other party to make such discovery.

(3) The judge may at any time make an order for discovery on the application of a party notwithstanding that notice has not been given, where the judge is satisfied that there were reasonable grounds for not giving it.

(4) On the hearing of the application the judge may order such discovery to be made, either on oath or otherwise and either generally or limited to certain classes of documents as the judge thinks fit, but discovery shall not be ordered if and so far as the judge is of opinion that it is not necessary either for disposing fairly of the proceedings or for saving costs.

(5) If an order is made it shall be drawn up by the applicant in Form 68, settled by the chief clerk and served by the applicant on the party against whom it is made.

(6) The affidavit to be made by a party against whom an order for discovery has been made shall be in Form 69 and shall be filed in the Office and a copy thereof delivered to the party who obtain the order within the time named in the order.

Inspection of documents

2.—(1) Any party to any proceedings may at any time give to the other party notice to produce any document in his possession or power which is relevant to the issues, for the inspection of the party giving the notice and to permit him to take copies thereof.

(2) Any party not complying with such a notice shall not afterwards be at liberty to put any such document in evidence unless he satisfies the judge that he had some cause or excuse which the judge deems sufficient for not complying with the notice, in which case the judge may allow the document to be put in evidence on such terms as to costs and otherwise as he thinks fit.

(3) The party to whom such notice is given shall within two days from the receipt thereof, if all the documents therein referred to have been set forth by him in an affidavit of documents, or, if any of the documents referred to in the notice have not been set forth by him in any such affidavit, then within four days from the receipt of the notice, deliver to the party giving the same a notice stating a time within three days from the delivery thereof and the place at which the documents or such of them as he does not object to produce may be inspected and stating which, if any, of the documents he objects to produce and on what grounds.

(4) The inspection shall be given—

(a) where a party is not acting by his solicitor, at his residence or place of business; or

(b) where a party is acting by a solicitor, at the solicitor's address for service;

but inspection of bankers' books or other books of account or books in constant use for the purposes of any trade or business shall be given at their usual place of custody.

(5) If any party served with a notice under paragraph (1) omits to give notice of a time and place for inspection in accordance with paragraphs (3) and (4), the judge may on application make an order for inspection at such time and place as he thinks fit.

(6) An application to inspect documents, except such as are referred to in the affidavits of the party against whom the application is made, shall be supported by an affidavit showing—

(a) of what documents inspection is sought;

(b) the grounds on which inspection of them is sought; and

(c) that they are in the possession or power of the other party;

but the judge shall not make an order for inspection of such documents if and so far as he is of opinion that it is not necessary either for disposing fairly of the proceedings or for saving costs.

Business books

3.—(1) Where inspection of any business books is applied for, the judge may, if he thinks fit, instead of ordering inspection of the original books, order a copy of any entries therein to be furnished and verified by the affidavit of some person who has examined the copy with the original entries, and the affidavit shall state whether or not there are in the original book any and if so what erasures, interlineations or alterations.

(2) Notwithstanding that a copy has been supplied under paragraph (1), the judge may order inspection or production of the book from which the copy was made.

Privilege

4.  Where privilege is claimed for any document, the judge may inspect the document for the purpose of deciding whether the claim of privilege is valid.

Possession of specified documents

5.—(1) The judge may, on the application of any party to proceedings at any time and whether an affidavit of documents has or has not already been ordered or made, make an order requiring any other party to state by affidavit whether any particular document or class of documents, specified or indicated in the application, is or has at any time been in his possession, custody or power, and if not then in his possession, custody or power, when he parted with the document or documents and what has become of it or them.

(2) The application shall be supported by affidavit stating that in the belief of the deponent, the party against whom the application is made has, or at some time has had, possession, custody or power of the particular document or class of documents specified or indicated in the application, and that it relates to a matter in question in the proceedings.

Postponement of discovery

6.  The judge may postpone any application for discovery or inspection of documents until after the determination of any issue or question in dispute.

Security

7.—(1) A party making application for discovery of documents may be ordered to pay into court as security such sum as the judge thinks fit.

(2) An order for discovery shall state the amount ordered to be paid into court, or that payment into court is dispensed with and, where payment into court is ordered, the party seeking discovery shall with the order for discovery serve a copy of the receipt for the payment into court, and the party from whom discovery is sought shall not be bound to make discovery unless and until the said copy has been served.

Order for production of documents

8.  The judge may at any stage of the proceedings order the production upon oath by any party thereto of any documents in his possession, custody or power, relating to any question in the proceedings, and the judge may deal with the documents when produced in such manner as he considers just.

Non-compliance with the order

9.  Where an order for discovery, inspection or production of documents is not complied with—

(a) if the party failing to comply is a plaintiff, the judge may order the action to be dismissed for want of prosecution or stayed until the order is complied with;

(b) if the party failing to comply is a defendant, the judge may order that he be debarred from defending the action altogether or allowed to defend only on such terms as the judge thinks fit;

and the judge may make such order as to costs, including the costs of the proceedings, as he considers just.

Outlay and fees on proceedings under this Order

10.  No outlay or fees incurred or paid by any party on or in connection with any proceedings under this Order shall be repaid to that party by any other party to the proceedings unless the judge—

(a) is satisfied that in the circumstances of the case it was necessary or expedient to invoke the provisions of this Order; and

(b) makes an order requiring such repayment.

Order to apply to minors

11.  This Order shall apply to minor plaintiffs and defendants and their next friends and guardians ad litem.