Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 26B.08

Disclosure by inspection of documents

             (1)  This rule applies if a party to an arbitration (the disclosing party ) receives a notice from another party to the arbitration (the requiring party ) under subrule 26B.04(1) or paragraph 26B.07(5)(a) requiring the disclosing party to produce a document for inspection.

             (2)  This rule also applies if:

                     (a)  a party to an arbitration (the disclosing party ) receives a notice from another party to the arbitration (the requiring party ) under subrule 26B.04(1) or paragraph 26B.07(5)(b) requiring the disclosing party to provide a copy of a document; and

                     (b)  it is not convenient for the disclosing party to provide a copy of a document required by the notice because of the number and size of the documents specified in the notice.

             (3)  The disclosing party must, within 14 days after receiving the notice:

                     (a)  notify the requiring party, in writing, of a convenient place and time at which the document may be inspected; and

                     (b)  produce the document for inspection at that place and time; and

                     (c)  allow copies of the document to be made, at the requiring party's expense.

             (4)  Unless the parties agree otherwise, the time notified under paragraph (3)(a) must not be more than 21 days after the day on which the notice referred to in subrule (1) or (2) was given.

Note:          The court may shorten or extend the time for compliance with a rule (see rule 1.14).

             (5)  If the requiring party fails to inspect the document at the time notified under paragraph (3)(a), the requiring party is not entitled to inspect the document at a later time unless the requiring party tenders an amount to the disclosing party for the reasonable costs of providing another opportunity for inspection.

Note:          The court may dispense with the obligation to tender an amount (see rule 1.12).



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