Commonwealth Consolidated Regulations

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List of documents

             (1)  A list of documents must be in accordance with Form 38.

             (2)  The list must describe:

                     (a)  each category of documents in the party's control sufficiently to identify the category but not necessarily the particular document; and

                     (b)  each document that has been, but is no longer in the party's control, a statement of when the document was last in the party's control and what became of it; and

                     (c)  each document in the party's control for which privilege from production is claimed and the grounds of the privilege.

             (3)  A party may apply to the Court, before or after the list of documents has been served, for an order:

                     (a)  about the use of categories in the list; or

                     (b)  that a more detailed list of documents be provided; or

                     (c)  that each document in a category be separately described.

             (4)  The list of documents must be verified by an affidavit sworn in accordance with rule 20.22 .

Note:          Control is defined in the Dictionary.

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