DR: Disclosure and Inspection Flashcards
(79 cards)
What type of obligation is required for disclosure?
The obligation comes from a court order.
When is the order for disclosure usually given?
On allocation or at a case management conference.
What are the main CPR rules related to small claims track disclosure?
CPR 27.4 and 27A PD Appendix B.
What types of disclosure orders can a court make?
- Standard disclosure
- Alternative disclosure orders
- No order
What is the usual order for the small claims track regarding document submission?
At least 14 days before the final hearing, each party must file and serve copies of all documents they intend to rely on.
True or False: In fast and intermediate track cases, the court can decide the disclosure order based on the overriding objective.
True.
What must parties do in multi-track cases regarding a disclosure report?
Complete a disclosure report to be filed and served not less than 14 days before the first case management conference.
What is included in a disclosure report?
- Relevant documents that exist or may exist
- Location and custody of documents
- Storage of electronic documents
- Estimated costs of standard disclosure
- Disclosure directions sought
What happens at the CMC regarding disclosure?
The court considers the disclosure report and decides the most appropriate form of disclosure order.
What does the court consider when making a disclosure order?
The overriding objective and necessity to limit disclosure.
What is the continuing obligation of a party in disclosure?
Any duty of disclosure continues until proceedings are concluded.
Fill in the blank: A party must disclose documents created after the original disclosure date if they fall within its _______.
[disclosure obligations].
What are the exceptions to using disclosed documents for purposes other than the proceedings?
- Document read or referred to by the court in a public hearing
- Court permission
- Agreement between the disclosing party and the document owner
What is the general rule regarding copies of documents in disclosure?
Copies need only be disclosed if they contain modifications or the party no longer has the original.
What must parties do not less than seven days before the CMC in multi-track cases?
Consider issues in the case and discuss to agree on a draft disclosure order.
What is the usual path to a disclosure order in small claims track?
Disclosure order included in directions given on allocation.
True or False: In multi-track cases, there is a ‘usual’ order for disclosure.
False.
What must a party do if they have a document disclosed to them?
They may only use that document for the purposes of the proceedings.
What can the court do regarding the use of a document read at a public hearing?
Make an order restricting or prohibiting its use.
What is standard disclosure?
A particular form of disclosure ordered by the court, most common type of disclosure.
Which Civil Procedure Rules (CPR) support the concept of standard disclosure?
CPR 31, specifically CPR 31.4, 31.6, 31.7, 31.8, 31.10, 31.21 – 31.23.
What does CPR 31.6 require a party to disclose?
- Documents on which he relies
- Documents that adversely affect his own case
- Documents that adversely affect another party’s case
- Documents that support another party’s case
- Documents required by a relevant practice direction
What is the definition of a ‘document’ according to CPR 31.4?
Anything that records information, including digital recordings, emails, photographs, text messages, voicemails, and metadata.
What does it mean for a document to be ‘in a party’s control’ (CPR 31.8)?
- In physical possession of the party
- Right to possession (e.g., documents held by an agent)
- Right to inspect or take copies of the document
