Acts and Regulations

Rule-35 - INSPECTION AND PRESERVATION OF PROPERTY

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Current to 1 January 2024
DISCOVERY
RULE 35
INSPECTION AND PRESERVATION
OF PROPERTY
35.01Order for Inspection
(1)Where the inspection of real or personal property is necessary for the determination of an issue in a proceeding, the court may order the inspection of such property by any party or his authorized representative.
(2)In an order made under paragraph (1), the court may permit
(a) entry upon or into any property,
(b) measuring, surveying, or photographing of the property to be inspected, or of any particular object or operation thereon,
(c) taking of samples, the making of observations or the conducting of tests or experiments, or
(d) any other act.
(3)An order made under paragraph (1) shall specify the time, place and manner of inspection and may prescribe other terms and conditions, including the payment of compensation, as may be just.
(4)Where the property to be inspected is in the possession of a person not a party, an order for inspection shall not be made without notice to that person, unless the giving of notice, or the time required to do so, might entail serious consequences to the party seeking the order.
35.02Order for Preservation
The court may order the custody, detention or preservation of any property in question or relating to an issue in the proceeding and, where the property is perishable or likely to deteriorate or for any other reason ought to be sold, the court may order its sale in a manner and upon terms as may be just.
35.03Specific Fund
Where the right of a party to a specific fund is in dispute, the court may order the fund to be paid into court or otherwise secured on terms, if any, as may be just.
35.04Recovery of Personal Property Subject to Lien
(1)Where a party retains personal property on which he claims a lien as security for a debt and does not dispute the title of another party who claims the right to possession, the court may order the party who claims possession to pay into court or otherwise secure the amount secured by the lien and a further sum for interest and costs.
(2)When a party complies with an order made under paragraph (1), the property shall be released to him and the money paid into court or the security furnished shall be disposed of by the court at the conclusion of the proceeding.
(3)If the money paid into court or the security furnished under paragraph (1) is retained to secure $750.00 or less, the court may order that the proceedings be continued under Rule 75.