New Superior Courts rules

Rules of the Superior Courts (No. 2) (Discovery), 1999

Practitioners should note that Order 31of the Superior Court Rules has been amended by the substitution of a new Rule 12 which provides, inter alia, that the Notice of Motion in respect of an application for discovery must now specify the precise categories of documents sought and must be grounded upon affidavit. The affidavit must verify that the discovery is necessary for disposing fairly of the matter or for saving costs and must set out the reasons why each category of documents is required. The Court may refuse or adjourn the application if voluntary discovery has not been requested prior to the application for an Order. Requests for voluntary discovery must specify the precise categories of documents sought and must set out the reasons why each category of documents is required. The new Rule is operative from 3 August, 1999.

Litigation and Arbitration Committee