Acts and Regulations

Rule-34 - PROCEDURE ON WRITTEN EXAMINATIONS

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Current to 1 January 2024
DISCOVERY
RULE 34
PROCEDURE ON WRITTEN EXAMINATIONS
34.01Questions
A party who examines another party for discovery by written questions and answers shall serve a list of the questions to be answered upon the party to be examined, and a copy upon every other party.
34.02Answers
A party examined for discovery by written questions shall answer by affidavit, and that affidavit shall be served on the examining party and upon every other party within 15 days after service of the list of questions.
34.03Objections
On an examination for discovery by written questions, a party who objects to answering a question shall state the objection and reasons for objection in his affidavit.
34.04Unsatisfactory Answers
(1)Where, on an examination for discovery by written questions, the party examining is not satisfied with the answer to a question or where the answer to a question suggests a new line of questioning, the examining party may, within 10 days of the receipt of that answer, submit a further list of written questions which shall be answered within 15 days.
(2)Where the party being examined fails to answer a question or where his answer to a question is insufficient, the court may, upon such terms as may be just, order him to answer the question, or to make a further answer, or to answer any other question either by affidavit or on oral examination.
(3)Where it appears from reading the answers to the written questions that they are evasive, unresponsive or otherwise unsatisfactory, the court may order the party examined to submit to oral examination upon such terms as to costs or otherwise as may be just.
34.05Penalty for Refusal or Neglect to Answer
Where a party refuses or neglects to answer a question properly put to him on a written examination, he shall be liable to the same penalty as in the case of an oral examination.