The Tenth Justice: The Solicitor General and the Rule of Law

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Absent agreement, a court order is needed. Motion for Postponement; Grounds; Effect of Admission of Truth of Affidavit by Adverse Party. But the court may require the public officer's name to be added. (2) Automatic Substitution of Officeholder. Sirian Lamp Co., supra; Crosby Steam Gage & Valve Co. v. Notice to any party to produce any documents referred to in his pleadings or affidavit shall be in Form 33 in the Appendix to these Rules with such variations as circumstances may require. 16. (1) The party to whom notice is given under rule 14 of this Order shall, within 2 days from the receipt of the notice, if all the documents therein referred to have been set forth by him in such affidavit as is mentioned in rule 11, or if any of the documents referred to in the notice have not been set forth by him in any such affidavit, then within four days from the receipt of the notice, deliver to the party giving it a notice stating a time within 7 days from the delivery thereof at which the documents, or such of them as he does not object to produce, may be inspected at the office of his legal practitioner, or in the case of banker's books or other books of accounts, or books in constant use for the purpose of any trade or business, at their usual place of custody, and stating which (if any) of the documents he objects to produce, and on what ground. (2) The notice shall be in Form 34 in the Appendix to these Rules with such variations as circumstances may require. 17. (1) If the party served with notice under rule 14 of this Order omits to notify a time for inspection, or objects to give inspection, or offers inspection elsewhere than at the office of his legal practitioner, the Court or a Judge in chambers may, on the application of the party, desiring it, make an order for inspection in such place and in such manner as the Court or Judge may think fit: Provided that the order shall not be made when and so far as the Court or Judge in chambers is of opinion that it is not necessary either for disposing fairly of the action or for saving costs. (2) Any application to inspect documents, except such as are referred to in the pleadings, particulars or affidavit of the party against whom the application is made, or disclosed in his affidavit of documents shall be founded upon an affidavit showing of what documents inspection is sought, that the party applying is entitled to inspect them and that they are in the possession or power of the other party. 18. (1) Where inspection of any business books is applied for, the Court or a Judge in chambers may, if it or he thinks fit, instead of ordering inspection of the original books, order a copy of any entries therein to be furnished and verified by the affidavit of some person who has examined the copy with the original entries and such affidavit shall state whether or not there are in the original book any and what erasures, interlineations, or alterations: Provided that, notwithstanding that such copy has been supplied the Court or Judge in chambers may order inspection of the book from which the copy was made. (2) Where, on an application for an order for inspection, privilege is claimed for any document, it shall be lawful for the Court or a Judge in chambers to inspect the document for the purpose of deciding as to the validity of the claim of privilege. (3) The Court or a Judge in chambers may, on the application of any party to an action at any time and whether an affidavit of documents shall or shall not have already been ordered or made, make an order requiring any other party to state by affidavit whether any document or documents or any class or classes of documents specified or indicated in the application, is or are or has or have at any time been in his possession, custody, or power, when he parted with the same and what has become of it. (4) Application for such order shall be made on an affidavit stating that in the belief of the deponent the party against whom the application is made has or had at some time has in his possession, custody or power the particular document or documents or the class or classes of documents specified or indicated in the application and that they relate to the matters in question in the action or to some or one of them. 19.

Pages: 340

Publisher: Knopf; 1st edition (October 12, 1987)

ISBN: 0394555236

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