Preliminary Discovery of Documents from a Prospective Defendant
Uniform Civil Procedure Rules 2005
Resource Sample
Preliminary Discovery of Documents from a Prospective Defendant - r 5.3
Uniform Civil Procedure Rules 2005
by Gary Doherty
Preliminary discovery is dealt with in rules 5.1-5.8 of the Uniform Civil Procedure Rules
2005 (UCPR), which in summary provide:
Rule 5.1
Definitions for the purposes of Pt 5 UCPR
Rule 5.2
Discovery to ascertain the identity or whereabouts of a prospective
defendant
Rule 5.3
Discovery of a document or thing from a prospective defendant that
would assist the applicant in determining whether or not to
commence proceedings against the prospective defendant
Rule 5.4
Discovery from a person who is not an intended party to the
proceedings, but in respect of whom it appears to the court may be
able to give discovery of a document or thing relating to any question
in the proceedings
Rule 5.5
Provides that procedural aspects of Div 1 of Pt 21 UCPR appl...
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