Difference between revisions of "Discovery and Disclosure in Family Law"

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Each party is required to keep their list of documents up-to-date.  Rule 9-1(6) states:
Each party is required to keep their list of documents up-to-date.  Rule 9-1(6) states:
<blockquote><tt>
<blockquote><tt>(6) If, after a list of documents has been served under this rule,</tt></blockquote>
(6) If, after a list of documents has been served under this rule,
<blockquote><blockquote><tt>(a) it comes to the attention of the party serving it that the list is inaccurate or incomplete, or</tt></blockquote></blockquote>
:(a) it comes to the attention of the party serving it that the list is inaccurate or incomplete, or
<blockquote><blockquote><tt>(b) there comes into the party's possession or control a document that could be used by any party at trial to prove or disprove a material fact or any other document to which the party intends to refer at trial,</tt></blockquote></blockquote>
:(b) there comes into the party's possession or control a document that could be used by any party at trial to prove or disprove a material fact or any other document to which the party intends to refer at trial,
<blockquote><tt>the party must promptly amend the list of documents and serve the amended list of documents on the other parties.</tt></blockquote>
:the party must promptly amend the list of documents and serve the amended list of documents on the other parties.
</tt></blockquote>


Each party is entitled to ask that additional documents be produced if they think that there are documents or categories of documents missing from the list of documents provided by the other party (see Rule 9-1(7) & (8)). The request must be in writing.  If the party faced with the request for additional documents does not provide the requested documents (and an amended list of documents listing the additional documents) within 35 days of receiving the request, the party making the request can make an application to the court (see Rule 9-1(9) & 10). This chapter discusses the process for bringing interim applications in the section [[Interim Applications in Family Matters]].
Each party is entitled to ask that additional documents be produced if they think that there are documents or categories of documents missing from the list of documents provided by the other party (see Rule 9-1(7) & (8)). The request must be in writing.  If the party faced with the request for additional documents does not provide the requested documents (and an amended list of documents listing the additional documents) within 35 days of receiving the request, the party making the request can make an application to the court (see Rule 9-1(9) & 10). This chapter discusses the process for bringing interim applications in the section [[Interim Applications in Family Matters]].
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