| (1) | Any party may, with leave of the Court and upon terms laid down by it, require any other party to make discovery on oath, within fifteen days of receipt of a notice requiring him or her to do so, of all documents and tape recordings which— |
| (a) | are or were in his or her possession or under his or her control; and |
| (b) | are relevant to any of the issues in the case, or to those issues which the Court may have specified, as the case may be. |
| (2) | Every discovery affidavit and the schedules to it must be based on form 13 of Schedule 1 to these rules. |
| (3) | Statements of witnesses taken for purposes of the case, communications between attorney and client, attorney and correspondent and attorney and advocate, and documents delivered in the case must be omitted from the schedules to the discovery affidavit. |
| (4) | Should the party making discovery have a valid objection to producing any of the documents or tape recordings specified in the schedules, those documents or tape recordings must be specified separately and the grounds upon which the objection is based must be stated. |
| (5) | If any party believes that there are documents or tape recordings in the possession of the party making discovery which have not been disclosed and which may be relevant to any issue in respect of which discovery was made, the former may give notice to the latter requiring him or her to make them available for inspection or to state on oath within ten days that they are not in his or her possession, in which event he or she must state their whereabouts, if known. |
| (6) | Where a notice requiring discovery has been furnished to a party, no document or tape recording which should have been discovered but was not discovered may be used in the hearing of the case by the party that failed to discover that document or tape recording. Any other party will be entitled to use such document or tape recording. |
| (7) | Notwithstanding the provisions of subrule (6), the Court may grant permission to a party that has failed to discover a document or tape recording to use it on conditions relating to adjournment and costs as it considers just. |
| (8) | A party that has made discovery— |
| (a) | must allow every other party to inspect all discovered documents and tape recordings and to make copies thereof; and |
| (b) | may, on notice from any other party, be required to produce, at the hearing of the case, any discovered document or tape recording as well as any other document or tape recording in his or her possession or under his or her control which may be relevant to the case, |
excluding documents in respect of which objection is made under subrule (4), unless the objection is overruled by the Court.
| (9) | Any party may apply to the Court— |
| (a) | for an order that a party that was required to make discovery under subrule (1), make further discovery if the prior discovery is insufficient or incomplete; or |
| (b) | for the adjudication of an objection to the production of any document or tape recording. |
