New South Wales Consolidated Regulations

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Order for discovery

21.2 Order for discovery

(cf SCR Part 23, rule 3(1), (2) and (3); DCR Part 22, rule 3(1), (2) and (3))

(1) The court may order that party B must give discovery to party A of--
(a) documents within a class or classes specified in the order, or
(b) one or more samples (selected in such manner as the court may specify) of documents within such a class.
(2) A class of documents must not be specified in more general terms than the court considers to be justified in the circumstances.
(3) Subject to subrule (2), a class of documents may be specified--
(a) by relevance to one or more facts in issue, or
(b) by description of the nature of the documents and the period within which they were brought into existence, or
(c) in such other manner as the court considers appropriate in the circumstances.
(4) An order for discovery may not be made in respect of a document unless the document is relevant to a fact in issue.

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