New South Wales Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 21.11

Production under notice to produce

21.11 Production under notice to produce

(cf SCR Part 23, rule 2(3) and (4); DCR Part 22, rule 2(3) and (4))

(1) Unless the court orders otherwise, party B must, within a reasonable time after being served with a notice to produce--
(a) produce for party A's inspection such of the documents or things referred to in the notice (other than privileged documents) as are in party B's possession, and
(b) serve on party A, in respect of any document that is not produced, a notice stating--
(i) that the document is a privileged document, or
(ii) that the document is, to the best of party B's knowledge, information and belief, in the possession of a person identified in the notice, or
(iii) that party B has no knowledge, information or belief as to the existence or whereabouts of the document.
(2) For the purposes of subrule (1)--
(a) unless party B establishes to the contrary, 14 days or longer after service of the notice is to be taken to be a reasonable time, and
(b) unless party A establishes to the contrary, less than 14 days after service of the notice is to be taken to be less than a reasonable time.



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