Difference between revisions of "Discovery and Disclosure in Family Law"
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<blockquote><tt>the party must promptly amend the list of documents and serve the amended list of documents on the other parties.</tt></blockquote> | <blockquote><tt>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]]. | ||
Each party is also entitled to ask for copies of the documents listed on the other party’s list of documents (see [http://canlii.ca/t/8mcr Rule 9-1(13)]) and to ask to inspect (to view) the originals of the documents listed on the other party’s list of documents (see Rule 9-1(12); also Rule 9-1(14)). If the party wants copies of any of the listed documents, that party is required to pay for the copies in advance of receiving them (see Rule 9-1(13)). | Each party is also entitled to ask for copies of the documents listed on the other party’s list of documents (see [http://canlii.ca/t/8mcr Rule 9-1(13)]) and to ask to inspect (to view) the originals of the documents listed on the other party’s list of documents (see Rule 9-1(12); also Rule 9-1(14)). If the party wants copies of any of the listed documents, that party is required to pay for the copies in advance of receiving them (see Rule 9-1(13)). | ||
If there are documents that are necessary to prove or disprove a fact at trial but are not in the possession or control of either party, then either party may make an application to the court for the production of copies of the documents by a person or organization or business who is not a party to family law proceeding (which application must be served on the person or organization or business sought to produce the documents) (see Rule 9-1(15). For more information on the process for | If there are documents that are necessary to prove or disprove a fact at trial but are not in the possession or control of either party, then either party may make an application to the court for the production of copies of the documents by a person or organization or business who is not a party to family law proceeding (which application must be served on the person or organization or business sought to produce the documents) (see Rule 9-1(15). For more information on the process for making interim applications, see [[Interim Applications in Family Matters]]. | ||
Documents received in the context of a legal proceeding are confidential and not to be disclosed or used for any purpose beyond the scope of the proceeding (i.e. you can't show them to friends or family or use them in another court proceeding), unless by order of the court or agreement between the parties. This is a serious obligation that each party has in relation to both the other party and to the court. If a party fails to honour this obligation, that party can be found to be in contempt of court. | Documents received in the context of a legal proceeding are confidential and not to be disclosed or used for any purpose beyond the scope of the proceeding (i.e. you can't show them to friends or family or use them in another court proceeding), unless by order of the court or agreement between the parties. This is a serious obligation that each party has in relation to both the other party and to the court. If a party fails to honour this obligation, that party can be found to be in contempt of court. | ||