Part 34 – Requests for Information

Right of parties to obtain information

34.1

1. This Part enables a party to obtain from any other party information about any matter which is in dispute in the proceedings.
2. To obtain the information referred to in paragraph (1), the party must serve on the other party a request identifying the information sought.

Orders compelling reply to request for information

34.2

1. If a party does not, within a reasonable time, give information which another party has requested under rule 34.1, the party who served the request may apply for an order compelling the other party to do so.
2. An order may not be made under this rule unless it is necessary in order to dispose fairly of the claim or to save costs.
3. When considering whether to make an order, the court must have regard to –
   1. the likely benefit which will result if the information is given;
   2. the likely cost of giving it; and
   3. whether the financial resources of the party against whom the order is sought are likely to be sufficient to enable that party to comply with the order.

Information obtained under Part 34 not to be used in other proceedings      

34.3

1. A party may use information obtained –
   1. in compliance with an order under rule 34.2; or
   2. in response to a request under rule 34.1; only in the proceedings in which the request or order was made.

Certificate of truth       

34.4

1. Any information provided under this Part must be verified by a certifi­cate of truth in accordance with rule 3.12.