(cf SCR Part 36, rule 13; DCR Part 28, rule 16)
(1) This rule applies in the following circumstances--(a) if the court orders a person, by subpoena or otherwise, to produce a document to the court or to an authorised officer,(b) if a party requires another party, by notice under rule 34.1, to produce a document to the court or to an authorised officer,(c) if a question is put to a person in the course of an examination before the court or an authorised officer.
(2) In subrule (1),
"authorised officer" means--(a) any officer of the court, or(b) any examiner, referee, arbitrator or other person who is authorised by law to receive evidence.
(3) A person may object to producing a document on the ground that the document is a privileged document or to answering a question on the ground that the answer would disclose privileged information.
(4) A person objecting under subrule (3) may not be compelled to produce the document, or to answer the question, unless and until the objection is overruled.
(4A) If a document is produced, and a person objects to the production of the document on the ground that the document is a privileged document, access to the document must not be granted unless and until the objection is overruled.
(4B) The production of a document to the court under a claim for privilege does not constitute a waiver of privilege.
(4C) Subrules (4A) and (4B) extend to documents produced before the commencement of those subrules.
(5) For the purpose of ruling on the objection--(a) evidence in relation to the claim of privilege may be received from any person, by affidavit or otherwise, and(b) cross-examination may be permitted on any affidavit used, and(c) in the case of an objection to the production of a document, the person objecting may be compelled to produce the document.
(6) This rule does not affect any law that authorises or requires a person to withhold a document, or to refuse to answer a question, on the ground that producing the document, or answering the question, would be injurious to the public interest.