Discovery

County courts have the authority to issue orders for pre-action discovery. These orders may allow inspection, photography, preservation, custody, and detention of property that may become subject to subsequent court proceedings or raise questions in such proceedings.

In cases related to personal injuries or death, the court, under specified rules, can order parties likely to be involved to disclose and produce relevant documents. However, the court won’t make these orders if compliance may harm the public interest.

County court rules ensure costs of such proceedings are awarded to the person against whom the order is sought, unless directed otherwise by the court. Third-party discovery against the Crown is also possible.

Applications may be made for inspection of preservation of property to enable the successful party to recover it intact or to make it available as evidence for inspection. Applications for inspection of documents may be required where this is necessary or it may become a question in subsequent proceedings.

Discovery, an application for discovery involves a disclosure of a list of relevant parties and for the purpose of an inspection. There is no automatic discovery in the County Court. Either party may apply for discovery.

If the order for discovery is not complied with, an application can be made voluntarily for the discovery to be sought. If the document is not voluntarily given, an application for requesting discovery may be made to the Chief Clerk. The Chief Clerk or judge may order discovery to be verified by an oath.

Discovery is only ordered to the extent necessary for fairly disposing of the proceeding. The onus  is on the party who resists discovery. The Court considers the application on the basis of the pleading.

Discovery must duly be given an oath. It must be verified by affidavit.

An order may be given striking at the proceedings in the fault of compliance. Discovery is given by way of a list in a format. It must verify items willing to be disclosed on those which an objection is made and those no longer in possession.

A valid ground of objection must be stated. This must be something such as privilege, irrelevance, nothing available, no longer available. It is the duty of the party making discovery to strictly to comply, gives strict obligation.

If the applicant suspects the list is not full, he may apply for discovery of specific documents or classes of documents, apply for inspection of documents not listed, ask the Judge to inspect allegedly privileged documents, or apply for further and better discovery.

A party who has applied for discovery must be allowed inspecting to take copies of documents in the first category. Documents must be made if the person does not produce the documents; in order for their production, an application maybe made to the court to order their production.

Interrogatories are questions delivered in writing by one person party to the other required to be answered on oath. Interrogatories must be relevant to the matter in question and be necessary for properly, fairly disposing of proceedings and saving cost.

An application must be made for leave to serve interrogatories. Leave is only given where this is necessary for fairly disposing of proceedings or saving cost. Interrogatories must be in relation to facts which are relevant to material issues in the dispute.

It is not necessary in relation to a matter which can be proved by a witness who will be at trial. Fishing is not allowed. Interrogatories must be answered in affidavit and filed. If a respondent objects on the grounds of privilege, he must claim it. All questions rather than information including hearsay must be answered.

There are special rules in respect of personal injuries or death. An application can be made for discovery against a third party who has had documents in his possession. It must be shown that the person concerned on the application has relevant information.

There are certain provisions in respect of disclosure of medical reports and evidence in personal injury cases. In personal injury actions, the defendant is generally allowed to insist that his medical expert examines the plaintiff. The defendant must pay his cost in that handling, and the doctor should not give an evidence or statement in relation to liability by plaintiff.

Under the court’s inherent jurisdiction, parties must disclose medical evidence resulting from the examination of the other party within 21 days of receiving it or before a trial, or if received during the trial immediately.

In actions for damages or personal injuries, medical evidence including reports and supplemental documents from experts, surgical, radiological evidence proposed, and other medical evidence proposed produced on trial must be served. The party must then give details of doctors and hospitals who gave treatment. These positions may apply regardless if other evidence is to be produced at Trial.

A party proposing to rely on medical evidence must disclose all relevant person important to adduce at the trial. Many medical experts must disclose all relevant medical evidence obtained by him from that expert within 21 days of receiving it. The party does not have to disclose a report which is not helpful to its case.