Compel – Application to compel discovery – High Court – Uniform Rules of Court 35
Any party to any action may require any other party thereto, by notice in writing, to make discovery on oath within twenty days of all documents and tape recordings relating to any matter in question in such action (whether such matter is one arising between the party requiring discovery and the party required to make discovery or not) which are or have at any time been in the possession or control of such other party. Such notice shall not, save with the leave of a judge, be given before the close of pleadings.
If any party fails to give discovery as aforesaid , the party desiring discovery or inspection may apply to a court, which may order compliance with this rule and, failing such compliance, may dismiss the claim or strike out the defence.
Compel – Application to compel discovery – High Court – Uniform Rules of Court 35
To view the rule go to Department of Justice – Uniform Rules of Court
For more go to the South African Legal Information Institute (SAFLII)
