LLB300 Lecture Notes - Lecture 12: Natural Justice, Summary Judgment, Rein
WEEK 12 – DISCOVERY, INTERROGATORIES, PREPARING
EVIDENCE:
Importance of getting more information from the opposing party
oDISCOVERY AND INSPECTION – UCPR PT 21
Discovery – by a party of a list of documents in the other parties
possession, custody or power which are relevant in proceedings – UCPR
r 21.2-21.8
Includes both privileged and non-privileged documents
Party providing documents must make them available for
Inspection
Documents and inspection of documents:
Enables a party to obtain disclosure, and subject to privilege, the
inspection of an opponent’s documents
Document is a broad term (includes emails)
Costs of discovery attracts much criticism
ALRC Managing Justice: Report No 89 (1999)
Courts “need to take a more interventionist role to avoid having
trolley loads of documents being wheeled into court when hardly any
of them are likely to be referred to and when every page will add to
the cost of litigation” – Black, CK VLRC (2008) at 5.4.1
“discovery has became a scourge. We have to rein it in if we
can” – Doyle, CJ VLRC (2008) 5.4.1
REFORMS occurred in recent years
oStronger case management
oIncreased sanctions against parties
oDiscovery Plan Order
oBest Practice Guidelines: Practice Note
oINTERROGATORIES – UCPR PT 22
Statements must be verified by oath
Can be tendered as evidence at trial
Can be used to:
Seek admissions;
Force answers
Opposing party is ordered to answer questions
Hurdle in personal injury claims
Court is not permitted to order them unless there are special
circumstances
May be allowed if there was a defective good
Summary disposal – getting things over and done without a trail
find more resources at oneclass.com
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Document Summary
Importance of getting more information from the opposing party o. Discovery by a party of a list of documents in the other parties possession, custody or power which are relevant in proceedings ucpr r 21. 2-21. 8. Party providing documents must make them available for. Enables a party to obtain disclosure, and subject to privilege, the inspection of an opponent"s documents. We have to rein it in if we. Reforms occurred in recent years ostronger case management oincreased sanctions against parties odiscovery plan order obest practice guidelines: practice note o. Opposing party is ordered to answer questions. Court is not permitted to order them unless there are special circumstances. May be allowed if there was a defective good. Summary disposal getting things over and done without a trail. Summary disposal before trial four types: default judgement; Common in local court: summary judgement; Obtained without final trial: summary stay or dismissal; Probably most common: dismissal for want of prosecution.
