Sources and Types of Disclosure Obligation Flashcards
(19 cards)
Is there an automatic obligation to give disclosure in civil courts?
No
Where does an obligation for disclosure come from?
A court order
When is the order for disclosure usually given?
On allocation or at case management conference
What is the typical disclosure for small claims track?
Each party must share copies of documents they plan to use at least 14 days before final hearing
How is personal injury relevant to disclosure at fast and intermediate track?
If personal injury case, standard disclosure is the default
What is standard disclosure?
Sharing relevant documents
What are possible disclosure orders at fast and intermediate tracks?
1) No disclosure
2) Each party shares documents they rely on and can request specific documents
3) Disclosure limited to relevant issues
4) Each party shares documents that could help or harm another party’s case
5) Standard disclosure (sharing relevant documents)
6) Any other order
What is the multi-track disclosure process?
1) Disclosure report
2) Discussion and proposal
3) CMC decision
What happens at disclosure report in multi-track?
Each party must submit disclosure report at least 14 days before CMC
What happens at discussion and proposal in multi-track?
Parties must, 7 days before first CMC:
1) Review key issues
2) Discuss and try to agree draft disclosure order
3) Propose and order that keeps costs reasonable and limits disclosure
What happens at the CMC?
Court will decide most suitable disclosure order at CMC
What is included in a disclosure report?
1) What relevant documents exist / may exist
2) Where and with whom
3) How electronic documents are stored
4) Estimate broad range of costs involved in giving standard disclosure
5) States which disclosure directions are sought
What is the form of a disclosure report?
Form N263
What does the court take into account at CMC in relation to disclosure order?
Costs, proportionality, relevance
Do parties have to disclose every copy of a document?
No, unless they contain a modification
What is the continuing obligation on disclosure?
Any duty of disclosure continues until proceedings are concluded
What is the general rule on subsequent use of disclosed documents?
A party to whom a document has been disclosed may only use it for purposes of proceedings
What are the exceptions to subsequent use of disclosed documents?
a) Document read in public
b) Court gives permission
c) Party who disclosed agrees for its use
When might court order parties to give disclosure?
1) Directions on allocation
2) At CMC
3) On party’s application
