10 Methods of Gathering Evidence

Court may order discovery of such documents discovery

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Court may order discovery of such documents.
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Discovery from Non-party Discovery from Non-party cont. cont. Non-party is required to serve an affidavit of documents and give inspection in the usual way. Party seeking discovery from a non-party must show by affidavit in support that it is likely that the non-party has in their possession documents which relate to a question in the proceeding. Despite wide scope of rule, courts tend to restrict to cases outside the ordinary, where such an intrusion into the affairs of a stranger to the litigation is necessary.
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Richardson Pacific Ltd v Fielding (1990) 26 FCR 188 The discretion to order non-party discovery should be exercised with caution No hard and fast rule about when it should be ordered. Circumstances where non-party discovery might be ordered include: Where the non-party has the only copy of the particular documents being sought; and There is no other reasonable way to prove the matter, other than by the document sought. 54
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Interrogatories
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What are Interrogatories? A series of questions delivered by one party to another party, which the other party is required to answer under oath. Questions are designed to obtain admissions to assist in proving the case, or to damage the other party’s case. May also be used to narrow the issues. 56
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1) … any party may serve interrogatories on another party relating to any question between them in the proceeding. 2) Where pleadings between any parties are closed, interrogatories may be served without leave of the Court by any of those parties on any other of them. 3) Where (2) does not apply, the Court may order that any party may serve interrogatories on any other party. 4) Court may grant leave to an interrogating party to serve further interrogatories. When interrogatories allowed: r 30.02
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Answers to Interrogatories 30.04: 42 days to answer 30.05 (1) Sources for answers: party's own knowledge of the fact if no knowledge, own belief (if any) party shall answer from any belief as to the fact or matter inquired after irrespective of the source of the information on which the belief is formed privileged information exempt where the party has no personal knowledge of the fact/ matter inquired after, must make reasonable inquiries
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Scope of Interrogatories Must relate to a question between the parties in the proceeding, not witness credibility Can’t be used to ascertain names of witnesses, unless those names are themselves material facts. Not to be u sed to ascertain evidence the other party intends to call Not enough that the information sought may indirectly assist a case, must relate to matters that must be proved in order to succeed in the claim or defence.
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