Commonwealth Consolidated Regulations

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Notice to produce document in pleading or affidavit

             (1)  A party (the first party ) may serve on another party (the second party ) a notice to produce, in accordance with Form 39, for the inspection of any document mentioned in a pleading or affidavit filed by the second party.

             (2)  The second party must, within 4 days after being served with the notice to produce, serve the first party with a notice:

                     (a)  stating:

                              (i)  a time, within 7 days after service of the notice, when the document may be inspected; and

                             (ii)  a place where the document may be inspected; or

                     (b)  stating:

                              (i)  that the document is not in the second party's control; and

                             (ii)  to the best of the second party's knowledge--where the document is and in whose control it is; or

                     (c)  claiming that the document is privileged and stating the grounds of the privilege.

             (3)  If the second party does not comply with paragraph (2)(a) or (b) or claims that the document is privileged, the first party may apply to the Court for an order for production for inspection of the document.

Note:          Control is defined in the Dictionary

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