Notice to produce discovery – High Court – Form 13 of the First Schedule of the Uniform Rules – Uniform Rule 35(6)
Any party may at any time by notice as near as may be in accordance with Form 13 of the First Schedule require any party who has made discovery to make available for inspection any documents or tape recordings disclosed in terms of Uniform Rule 35(2) and (3).
Such notice shall require the party to whom notice is given to deliver to him within five days a notice as near as may be in accordance with Form 14 of the First Schedule, stating a time within five days from the delivery of such latter notice when documents or tape recordings may be inspected at the office of his attorney or, if he is not represented by an attorney, at some convenient place mentioned in the notice, or in the case of bankers’ books or other books of account or books in constant use for the purposes of any trade, business or undertaking, at their usual place of custody.
The party receiving such last-named notice shall be entitled at the time therein stated, and for a period of five days thereafter, during normal business hours and on any one or more of such days, to inspect such documents or tape recordings and to take copies or transcriptions thereof.
A party’s failure to produce any such document or tape recording for inspection shall preclude him from using it at the trial, save where the court on good cause shown allows otherwise.
Notice to produce discovery – High Court – Form 13 of the First Schedule of the Uniform Rules
To view the rule go to Department of Justice – Uniform Rules of Court
For more go to the South African Legal Information Institute (SAFLII)
