- tocCivil Procedure Rules
|Contents of this Part|
|Right of parties to obtain information||Rule 34.1|
|Orders compelling reply to request for information||Rule 34.2|
|Information obtained under Part 34 not to be used in other proceedings||Rule 34.3|
|Certificate of truth||Rule 34.4|
- This Part enables a party to obtain from any other party information about any matter which is in dispute in the proceedings.
- To obtain the information referred to in paragraph (1), the party must serve on the other party a request identifying the information sought.
- 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.
- 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.
- When considering whether to make an order, the court must have regard to –
- the likely benefit which will result if the information is given;
- the likely cost of giving it; and
- 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.
- A party may use information obtained –
- in compliance with an order under rule 34.2; or
- in response to a request under rule 34.1; only in the proceedings in which the request or order was made.
- Any information provided under this Part must be verified by a certificate of truth in accordance with rule 3.12.