17. List of documents (O. 26 r. 4(1) & 8) Supreme Court of Western Australia




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17. List of documents (O. 26 r. 4(1) & 8)

Supreme Court of Western Australia

General Division



No:

List of documents

Parties

Plaintiff

Defendant



To

[Party] and its practitioner.

From

[Party giving discovery]

General

This list is served in compliance with the Rules of the Supreme Court 1971 Order 26 rule 1(3) [or the Court’s order dated 20 .]

Documents in possession

(Part 1)


Part 1A of this list lists the documents relating to the matters in question in this action that are in the possession, custody or power of the [party giving discovery].

Part 1B of this list lists each of those documents listed in Part 1A that the [party giving discovery] objects to producing and the grounds for objecting.



Documents no longer in possession

(Part 2)


Part 2A of this list lists the documents relating to the matters in question in this action that were, but no longer are, in the possession, custody or power of the [party giving discovery].

Part 2B of this list, for each document listed in Part 2A, states —

• the date on which it was last in the [party giving discovery’s] possession, custody or power; and

• what has become of it; and

• who currently has possession or custody of or power over it.


Declarations

The [party giving discovery] has made all reasonable enquiries, including of its employees and agents, to identify all documents of any description whatever relating to any matter in question in this action that are or were in its possession, custody or power.

Neither the [party giving discovery], nor its practitioner, nor any other person on its behalf, has now, or ever had, possession or custody of or power over any document of any description whatever relating to any matter in question in this action, other than the documents listed in Parts 1A and 2A of this list.



Inspection of documents1

The documents in this list, other than those listed in Parts 1B and 2A, may be inspected at —

[address]

on [date and times].


Certificate by party giving discovery or its practitioner2

I certify that the statements in this document are true.
[Party]/[Party’s practitioner]

Date:

Service details

This list and its attachments were served on [party] on [date] by [server]

Signed: Date:






List of documents — Part 1A3

The documents relating to the matters in question in this action that are in the possession, custody or power of the [party giving discovery] are as follows —



No.

Description of document

1.







List of documents — Part 1B3

Of the documents listed in Part 1A the [party giving discovery] objects to producing the following on the following grounds.



No. in Part 1A

Grounds for objecting to producing the document










List of documents — Part 2A3

The documents relating to the matters in question in this action that were, but no longer are, in the possession, custody or power of the [party giving discovery] are as follows —



No.

Description of document

1.







List of documents — Part 2B3

For each document listed in Part 2A, the following states —

• the date on which it was last in the possession, custody or power of the [party giving discovery]; and

• what has become of it; and

• who currently has possession or custody of or power over it.


No. in Part 2A

Date

What has become of it

Who currently has possession or custody of or power over it

1.










Notes to Form No. 17 —

1. This notice must comply with O. 26 r. 8.

2. Do not complete this if this list is being verified by an affidavit.

This certificate may be signed by a person listed in O. 26 r. 4(4) or the practitioner of the party giving discovery.



3. This Part must begin on a new sheet of paper and be attached to the main document.

[Form 17 inserted in Gazette 28 Jul 2010 p. 3472-5.]


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