Commonwealth Consolidated Regulations

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Order for particular discovery

             (1)  If a party (the first party ) claims that a document or category of documents may be or may have been in another party's control (the second party ), the first party may apply to the Court for an order that the second party file an affidavit stating:

                     (a)  whether the document or any document of that category is or has been in the second party's control; and

                     (b)  if the document or category of documents has been but is no longer in the second party's control--when it was last in the second party's control and what became of it.

             (2)  The first party seeking an order under subrule (1) must identify the document or category of documents as precisely as possible.

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