a GENERAL DISCOVERY 1st deposed to herein are [within my own knowledge or true to the best of my knowledge, information and belief], 2-4. (As in paragraphs 1-3 of Form 19, omitting the words “by me” if necessary) (Conclude as in Form 19) 1 Adapted fiom RSC Appendix A Prescribed Form No 27; see Ord 24 re 2 (7), 3 (1) and Paragraphs 12, 32 ante, See Form 19 note’? ante See Form 25 post 5: GENERAL DISCOVERY 22 i SUMMONS for order for general discovery, and for affidavit verifying list of documents: (Heading as in Form 1) TET ALL PARTIES (continue as in Form 2) on the hearing of an application by the [Plaintiff or Defendant) for fan Onder oe directions in this action] that: he Cj Defendant or Plaintiff] within ... days [afer the service on him of the Order to be made hereunder?] serve on tee [Plaintiff or Defendant] Het of Documents! relating to the matters in question at this action [and file an Affidavic* verifying such List) [limited ta documents relating to the [period fom oe WY. © voucsnes 19.0 oF ove re in paragraph ... of the [Statement of Claim or Defence or Originating Summons] or issues of. or as the case may be). 2. There be inspection of documents within ...... days of the [service of the [List or Lists] or filing of the [Affidavit a: Affidavits} ] 3. The costs of this application be [costs in the cause] (Conclude as in Form 2) 1 Adapted from Queen's Bench Master’ Practice Form No PE 50 (a reissued from 20 20 tS under RSC Ord 25 1 8 (1); see Paragraph 4 ame hen orders see Forms 18 ante, 24, post. These words do not appear in the prescribed form, See Form 4 ante. See Form 19 ante,& LIST OF DOCUMENTS 137 [Plaintiff or Defendant] [in this action or ‘on the issue or question raised by Paragrphs § and 6 of the [Statement of Claim ar Defence] in this action] Or: Or: 171 ORDERED that discovery of documents be limited to the issue or question whether [the Defendant is liable to render any and if so whut account to the Plaintiff or as the case may be] Or: It Is ORDERED that discovery of documents be limited to the following [classes of] documents, namely (specify the documents or classer of documents) Or: as the case may be] AND that the costs of this application be costs in the cause DATED this ......... day of 19... 1 See RSC Ond 24 £2 (6), and Paragraphs 3, 6 ante, This orders in Queen's Bench form, For a summons see Form 2 ante. 2: LIST OF DOCUMENTS 4 LIST of documents: (Heading as in Form 1) LIST OF DOCUMENTS Kae 9 Compliance with [Rules of the Supreme Coure 1965 Onder 24 Rule 2 or the order herein? dated ......... 19. } Treats Plaintiff or Defendant) has in his possession, custody or power fhe documents relating to the matters in question in this action enomborer in Schedule 1 hereto. 2. The [Plaintiff or Defendant] objects to produce? the documents Hreaanated in Part 2 of the said Schedule 1 on the following ground, (ere the ground of objection?) ache [Plaintiff or Defendant] has had, but has not now, in his Possession, custody ot power the documents relating to the matters fa question in this action enumerated in Schedule 2 hereto. 4 Of the documents emumerated in the said Schedule 2, those numbered abscisiend “at that Schedule were last in the [Plintif’s or Deferdest®] Possession, custody, or power on ......... 19..., and the remainder on _ Oe [state what has become of the documents and in whose possession they tow are, eg, The said documents numbered ..., ... and .. were hated by the [Phintiff or Defendant} to X. ¥. of (ate adder) and to the-bew ct)138 DISCOVERY AND INSPECTION: FORMS [Plaintiff's or Defendant's} knowledge, information and belief they are still in the possession, custody or power of the said X. Y. . Those numbered .. were destroyed by fire at (address) on ......... 19... , Those numbered ... to were lost (state the circumstances of the loss) and the [Plaintiff or Defendant] does not know where they are now] 5. Neither the [Plaintiff or Defendant] nor his Solicitor nor any other person on his behalf has now, or ever had, in his possession, custody’ o power any document of any description whatever relating to any matter in question in this action, other than the documents enumerated in Schedules 1 and 2 hereto. SCHEDULE 1 PART 1 (Here enumerate in a convenient order the documents or bundles of documents in the possession, custody or power of the party in question which he does not object to produce, giving a short description of each sufficient to identify i) PART 2 (Here enumerate, in the same manner, the documents in the party’s possession, custody or power which the party objects to produce) SCHEDULE 2 (Here enumerate, in the same manner, the documents which have been, but at the date of service of the list are not, in the party's possession, custody or power) Date the .. day of 0.2.2... 19. NOTICE TO INSPECT? Take NOTICE that the documents in the above list, other than those enumerated in Part 2 of Schedule 1 [and Schedule 2], may be inspected at Ithe office of the Solicitor of the above-named [Plaintiff or Defendant] at (address) or as the case may be] on ......... 19..,8 between the hours of ... and To the [Defendant C. D. or Plaintiff A. B.] and to G. H. & Co of (address), his Solicitors. Served the . day of = 19... by E. F. & Co of (address), [Agents for (name), of (address) Solicitors for the [Plaintiff or Defendant]. 1 Adapted from RSC Appendix A Prescribed Form No 26; see RSC Ord 24 rr 2 (1), 3 (1), and Paragraphs 3, 4, 10 ante. For a list by several parties, see Form 5 post. For an affidavit verifying the list see Form 19 post; for an order that the list be served and that it bbe verified by affidavit see Form 24 post. 2 Sce Form 24 post. 3 As to objections to discovery see RSC Ord 24 r 5 (2) and Paragraph 11 ante. 4 For examples of objections see Forms 7—16 post. Where different objections are taken to the production of different documents this paragraph should read: “As to the documents ‘enumerated in Part 2 of the said Schedule 1, the [Plaintiff or Defendane] objects to produce the document [described therein as ......... or therein numbered] on the ground that (state the ground of objection), and further objects to produce "etc. 5 Documenits of the same description, such as invoices, may be enumerated as bundles. 6 For examples of descriptions of different types of documents see Form 6 post. 7 See RSC Ord 24 r 9 and Paragraph 35 ante, 8 This date must be within 7 days after service of the list and notice: RSC Ord 24 r 9.| | | | LIST OF DOCUMENTS 139 5 LIST of documents by joint parties! IN THE HIGH COURT OF JUSTICE 19... B, No. [Queen's Bench or Chancery] Division [oss District Registry] Between AB. oe Plaintiffs and (1) JK. Q)7L. M. INO]... Defendants LIST OF DOCUMENTS The following is a list of the documents relating to the matters in question in this action which are or have been in the possession, custody or power of the Defendants C, D. and L. M. [and N. O.] and which is served {continue as in Form 4), 1. The said Defendants have in their possession, custody or power (continue as in paragraph 1 of Form 4) 2. The said Defendants object to produce (continue as.in paragraph 2 of Form 4). 3. The said Defendants have had, but have not now, nor has [either or any] of them, in their possession, custody or power the documents relating to the matters in question in this action enumerated in Schedule 2 hereto. 4, Of the documents in the said Schedule 2, those numbered ..., ... and were last in the possession, custody or power of {the Defendant ©. D. on vss: 19... when he handed the same to one X. Y., in whose possession they still are to the best of the knowledge, information and belief of the said C.D. or as the case may be} (continue dealing in a similar way with the other documents enumerated in Schedule 2). 5. Neither the Defendants C. D. and L. M. [and N. QJ or feither or any] of them, nor their Solicitors or any other person on their behalf or on behalf of [either or any] of them, have or has now or ever had in their or his possession, custody or power (continue as in paragraph 5 of Form 4) (Continue to the end, setting out the schedules and the notice to inspect, as in Form 4, substituting “Defendants” for Defendant”) (Conclude as in Form 4) 1 Adapted from RSC Appendix A Prescribed Form No 26; see RSC Ord 24 2 (1), 3.(1); and Paragraph 10 ante. For a verifying affidavit by joint patties see Form 20 post. 6 DESCRIPTION of documents in list of documents! Description of document Date (1) Individual documents? Originals 1. Letter from A. B. to the Defendant, 16 January 1992 2. Report made by X. Y, on the business of the Plaintiff company carried on at (address) 14 February 1992 r140 DISCOVERY AND INSPECTION: FORMS 3, Contract under seal made between the Defendant and A. B. 16 February 1992 Copies 4, Copy letter from Defendant to A. B. 18 January 1992 5. Copy of surveyor's report in regard to .. 20 February 1992 (2) Documents enumerated by reference to bundle or not individually enumerated? 6. Lerers passing between the Plaintiff and the Defendant and copies of the same tied up in a bundle marked “A. B.1”, numbered consecutively Nos 1-26, the same being initialled by me. 16 January to 18 July 1992 7. Correspondence between the Defendant's Solicitors and the Defendant since the issue of the writ in this action, proofs of witnesses, instructions to Counsel, Counsel’s opinions and briefs on interlocutory matters, since the issue of the writ in this action, all tied up in a bundle marked “C. D.1” : and numbered 1-45 consecutively* 1 May to 31 July 1992 8. Certain deeds and documents of title numbered 1-8 and tied up in a bundle marked with the letter “A”. 2 June 1989 to 1 July 1992 (3) Bundles containing lengthy correspondence, etc., between different persons’ 9. bundle marked “A” Original leteers from the Defendant to the Plaintiff and copy letters from the Plaintiff to the Defendant, numbered 1-101 inclusive. 10 February to 30 April 1991 10. bundle marked “B” - Copy letters from the Plaintiff to X. Y. numbered 102-116 inclusive. 12 June to 1 July 1991 11. bundle marked “C” Original receipts given by or on behalf of the Defendant to the Plaintiff for payments for goods supplied, numbered 117-208 inclusive. 1 January to 1 May 1991 12. bundle marked “D” Copies of accounts rendered by the Plaintiff to the Defendant for work done, numbered 209-258 inclusive. 7 April to 4 July 1991 13. bundle marked “E” Original work-sheets of Plaintiff'sLIST OF DOCUMENTS 14t employees recording hours of work done on the Defendant’ premises, numbered 259-368 inclusive. 1 May 1980 to October 1991 (4) Files and accounts? 14. The file or files of all working papers and schedules relating to the audit for the year ending ......... 1990 of the books of X. Y. Ltd clients of the Plainciff 15, ‘The first draft accounts of X. Y. Ltd for the year ending 1990 as prepared by R. S. 16, Partial re-draft of the accounts of X. Y. Ltd for the year ending i -. 1990. 17. ‘The final typed accounts of X. Y. Ltd for the year ending ... 1990. 18. Correspondence between the Plaintiff and the Inland Revenue in regard to those accounts and the tax computations thereon. 19. ‘The private ledger of X. Y. Led containing entries for the year ending ......... 1990. 20. The file or files of all working papers and schedules relating to the audit for the year ending . 1990 of the books of X. Y. Ltd 21. The draft accounts of X. Y. Ltd for the year ending ......... 1990, 22, Notes and calculations relating to these draft accounts made by 'T. U. during the course of his discussion with the Defendant on these matters and attached to the said file of working papers. 23. The draft tax computation relating to the said draft accounts prepared by the Defendant and his notes and comments written thereon. 24. The private ledger of X, Y. Ltd containing entries for the year ending ......... 1990. 1 See Paragraph 11 ante. These descriptions are suggested merely as guides for fling in che schedules of the list of documents, Form 4 ante, 2 Bach document must be enumerated ina convenient oxder and as shortly 2s posible, but must be described sufficiently to enable it to be identified: RSC Ord 24 r § (1), Where the documents are not numerous, or are not connected $0 as to allow collectiee treatment, the best plan is to identify each separately, either numbering the whole Spisecatively, oF splitting up the documents into convenient divisions, such as “Letters” “Reports”, “Originals”, "Copies", 3 In the case of bundles of documents of the same nature each bundle must be described snbclntly to enable i to be identified: RSC Ord 24 r 5 (1). In Cooke v Smith [1391] 1 Gh 509 at 522, CA, Kay XJ said that documents must not merely be put in bundle. and marked, but each docament must be described and numbered so that the other party Bray 28k for what he wants, specifying it by number. This is the correct practice, aed se far as Schedule 1 Part 1 and Schedule 2 are concemed there must be enough in the Int co enable the other party to know what he wants to inspect. But this docs not mean thee cach document must be individually described in the list. A class description for » bundle of documents of one class is enough. Different considerations, perhaps, apply where privilege is being claimed, In the first place the other party cannot insist on such an enumeration of documents, or such a detailed description, as would itself defeat the claim Of privilege. In the second place, where privilege is claimed, he object ofthe description in the lst sto enable the other party to know the nature of the documents in espact of Mihich privilege is claimed, in order to enable him to contest the claim ifso advised, and {0 chable the court to order the production of the documents mentioned if it thinks Gr ey do go. A description which enables this to be done is sufficient: Taylor » Baten (1878) 4 QBD 85, CA; Budden v Wilkinson [1893] 2 QB 432, CA. See also Infelds Lid v Row © Son [1938] 3 All ER 591, CA. Ie must also be remembered that the court has inherent148 DISCOVERY AND INSPECTION: FORMS 16 OBJECTION to production of document except as sealed or covered up! ‘With regard to the document [numbered ... in the said Part [2] of the said Schedule [1] or described as (describe the document)}, the [Plaintiff or Defendant] objects to produce the same except as sealed or covered up, on the ground that [sach part or parts thereof as he caused to be sealed or covered up do not relate to any matter in question in this action or as the case may be, stating the ground of objection or privilege). 1 See Form 7 note 1 ante, Paragraph 8 ante. For a summons, supporting affidavit and order ‘on a sepatate application for Jeave to seal up part of a document before inspection, see Forms 57-59 post 4: AFFIDAVIT VERIFYING LIST OF DOCUMENTS 17 NOTICE requiring affidavit verifying list of documents' (Heading as in Form 1) ‘Take Notice that you the above-named [Plaintiff or Defendant] are required within 14 days after the service of this Notice on you to make and file an Affidavit? verifying the List of Documents? you [are required to make or have made] under Rules of the Supreme Court 1965 Order 24 Rule 2 (1), DATED the voce... day OF sees: 19.2. (Signature of party or solicitor) of {address for service) To the [Plaintiff or Defendant] [Solicitor for the] [Defendant or Plaintif®] And to E. E & Co of (ete, his Solicitors Served the . Solicitors for the iDeitndane oil by G. H. & Co of (address), 1 Adapted fforn Queen's Bench Masters’ Practice Form No 45 (as reissued from 20 April 1993); see RSC Ord 24 r 2 (7); and Paragraph 3 ante. See Form 19 post. 2 3° See Form 4 ante, 18 ORDER for affidavit verifying list of documents already served! (Heading as in Form 1) UrON HEARING [Counsel o the Solicitors} for the [Plaintiff] [and for the [Defendant] [AND UPON READING the Affidavit of ......... Worn vescseo 19DAFFIDAVIT VERIFYING LIST 149 Ir Is OrpeReD that the [Defendant] do within [14] days from the date of this Order make and file an affidavit? verifying his list of documents! served on the [Plaintiff] and dated ......... 19... fand do within the same period serve a copy of the said affidavit on the [Plaintiff]. Un the case of a company or corporate body add: AND IT is ORDERED that the said Affidavit be sworn by the Secretary or Director or other proper officer of the [Company or Corporation or as the case may be.] AND that the costs of and occasioned by this application be [costs in the cause]. DATED this .......2. day of vossceee 192. 1 See RSC Ord 24 ¢ 3 (2); and Paragraph 4 ante. A summons may be adapted from Form 22 post 2 Sce Form 19 post. 3. See Form 4 ante 19 AFFIDAVIT verifying list of documents! [Plaintiff or Defendant]: [A. B. or C. DJ; Ist: « (Heading as in Form 1) I, the above-named [Plaintiff A. B. or Defendant C. D.], of (state residence or workplace, and occupation or, if none, description), make oath and say as follows: 1. The statements made by me in paragraphs 1, 3 and 4 of the List of Documents? now produced and shown to me marked ... are true. 2. The statements of fact made by me in paragraph 2 of the said List are true. 3. The statements made by me in paragraph 5 of the said List are true to the best of my knowledge, information and belief. SWORN at (address) this secre day of .. 19 before me, (Signature) (Deponent’s signature) [A Solicitor or Commissioner for Oaths} 1 Adapted from RSC Appendix A Prescribed Form No 27; see RSC Ord 24 rt 2 (7), 3 (1); and Paragraph 12 ante. The affidavit should be sworn by the party himself. For an affidavit by joint parties, and one by the proper officer of a company ot corporation, see Forms 20, 21 post. 2 At the top right hand comer of the first page of every aflidavit, and also on the back page, there must be written (i) the party on whose behalf itis filed, (i) the initials and surname of the deponent, (i) the number of the affidavit in relation to the deponent, and (jv) the date when swomn: see Practice Note [1983] 3 All ER 33, sub nom Practice Direction (Evidence: Documents) [1983] 1 WLR 92 para 1 3. See Form 4 ante150 DISCOVERY AND INSPECTION: FORMS 20 AFFIDAVIT by joint parties verifying list of documents! Defendants: C.D. and L. Mu: Ist: see. 19.0.2 (Heading as in Form 5) We, C. D. of (state residence or workplace, and occupation or, if none, description), and L. M. of (state residence or workplace, and occupation or, if none, description), jointly make oath and say as follows: 1-3 (AS in paragraphs 1-3 of Form 19, substituting “us” and “our” for “me” and my"), SWORN by both the above- named deponents at (address) this : day of 19... before me, (Signature) {Deponents’ signatures) IA Solicitor or Commissioner for Oaths}? 1 Adapted from RSC Appendix A Prescribed Form No 27; see Ord 24 rr 2 (7), 3 (1); and Paragraph 12 ante, For list of documents by joint parties see Form 5 ante 2 See Form 19 note 2 ante. 3° Where the deponents swear separately the usual form of jurat is completed in respect of each deponent. a1 AFFIDAVIT by officer of company or corporation verifying list of documents! Defendant: P. Q: Ist vs... 19, IN THE HIGH COURT OF JUSTICE 19... B. No. ... Queen's Bench Division [......... District Registry] Between A.B. ; Plaintiff, and {C. D. Limited or The Wessex County Council or as the case may be] Defendants I, P. Q. of (state residence or workplace), [Secretary of the Defendant Company or Clerk of the Defendant Council or as the case may be], make oath and say as follows: 1. Lam the [{Secretary of the Defendant Company or Clerk of the Defendant Council or as the case may be] and am [duly authorised by them to make this affidavit or [Secretary or Clerk or proper officer or as the case may be] referred to in the Order’ herein dated ......... 19...]. The factsPARTICULAR DOCUMENTS 157 7: DISCOVERY OF PARTICULAR OR SPECIFIC DOCUMENTS 31 SUMMONS for order for discovery of particular or specific documents! (Heading as in Form 1) LET ALL PARTIES (continue as in Form 2) on the hearing of an application by the [Defendant] for an Order that the [Plaintiff] do within ... days from the date of such Order make and file an affidavit? stating whether he has or has at any time had in his possession, custody or power [a certain document namely [2 minute book recording the minutes of the General Committee of the ......... Society3 or any [class of] document specified in the Schedule hereto or as the case may be] and if the said [document has or documents or any of them hes or have] been but [is or are] not now in his possession, custody or power stating when he parted with the same and what has become of the same AND that the costs of and occasioned by this application be [the [Defendant's] costs in any event or as the case may be] [SCHEDULE Counterfoils of cheques drawn by ......... on the account of the ... Society between .......06 and ve. 19... ete] = (Conclude as in Form 2) 1 See RSC Ord 24 r7 (1); and Paragraph 14 ante. For a supporting affidavit and orders see Forms 32-34 post. See Form 35 post. ‘The summons must identify the documents with certainty: Huntley Bro: v Backworth Colliers (Owners) [1911] WN 34. 32 AFFIDAVIT supporting summons for order for discovery of particular or specific documents‘ Defendant: G. H. 1st ... (Heading as in Form 1) 1, G. H, of (state residence or workplace), Solicitor, a Partner in the firm of G. H. & Co of (address), Solicitors for the [Defendant], make oath and say as follows: 1. I have read a copy of the List of Documents? of the [Plaintiff A. B.] dated ....,.... 19... and served herein, and in my belief the same does not disclose all the documents that are or have been in the [Plaintiff's] Possession, custody or power relating to the matters in question in this cause lnm __ OF matter.158 DISCOVERY AND INSPECTION: FORMS. 2. In my belief the said [Plaintiff] has or has at some time had in his possession, custody or power [the documents or documents of the class of ocuments] specified in the [Defendant's] summons‘ herein dated ........, 19..., a copy of which is now produced and shown to me marked “GH, ” 3. [Specify the grounds for the deponent’s belief eg, My belief is grounded on the following facts, namely, that prior to the issue of the Writ herein the [Plaintiff] informed me that it was his practice to enter up daily in a book details of the reports he received by telephone from his agents throughout the country, and by letter to me dated ......... 19... a copy of which is now produced and shown to me marked “G. H. 2”, the [Plaintiff's] Solicitor, E.F, implied that records of such reports were in existence and had been quoted to him by the [Plaintifi]. Accordingly I verily believe that there are or have been in existence and in the [Plaintiff's] possession, custody or power such reports as are referred to in the said Summons.} 4. The said documents relate to the matters in question in this cause or matter ot to some of them in that they deal with [the dates on which orders were given to the [Plaintifi] and to the prices and rates of discount then generally charged and allowed by the [Plaintiff] in the general course of his Business or as the case may be] (Conclude as in Form 19) See RSC Ord 247 (3); and Paragraph 14 ante, For a summons see Form 31 ante See Form 19 note 2 ante. ‘See Form 4 ante. See Form 31 ante. Roepe 33 ORDER for discovery of particular or specific documents: Queen’s Bench Division! (Heading as in Form 2) UPON HEARING [Counsel or the Solicitors] for the Plaintiff and for the Defendant AND UPON READING the Affidavit? of G. H. sworn .......2+ 19... Iv ls ORDERED that the [Plaintiff] do within [10] days from the date of this Order make and file an Affidavit? stating whether the following [document or [[class or classes] of] documents, namely, (fully describe it of them)] [is or has or are or have] at any time been in his possession, custody or power and if the same [is or are] not now in his possession, custody or power stating when he parted with the same and what has become of them [and that there be inspection of the said documents within [10] days thereafter} atid that the costs of and occasioned by this application be [costs in the cause or as the case may be. DaTEp this ee 1 See RSC Ord 2417 (1); and Paragraph 14 ante, For a summons see Form 31 ante. 2. See Form 32 ante. 3. See Form 35 post.PARTICULAR DOCUMENTS 159 34 ORDER for discovery of particular or specific documents: Chancery Division! (Heading as in Form 26) UPON THE APPLICATION of the [Defendant] by Summons? dated . AND UPON HEARING [Counsel or the Solicitors] for the Plaintiff and for the Defendant AND UPON READING the documents in the Court File recorded as having been read Ir 1s ORDERED that the [Plaintiff] do within [four days] after service of this Order make and file an Affidavit stating whether any of the documents or class or classes of documents specified or indicated in the Schedule hereto is or are or has or have at any time been in his possession or custody of power and if not now in his possession custody or power when he parted with the same and what has become of them ‘The costs of this application [are to be costs in the action] ‘SCHEDULE [1. All the correspondence and other documents passing between the Plaintiff and X. Y, relating to the transactions mentioned in the Pleadings in respect of the property at (address) 2. All written records of interviews and conversations between the Plaintiff or his servants or agents and X. Y. relating to the said transactions 3. All written statements delivered by X. Y. to the Plaintiff relating to his indebtedness to the Defendant in respect of the goods, etc., in connection with the property at (address) 4. All receipts signed by or on behalf of X. Y. in respect of the building finance paid to him as stated in Paragraph 5 of the Statement of Clim 5. All cheques in relation to such building finance] ‘ 1 Adapted fiom the order made on 30 January 1936 in Wiggins & Co (Hammersmith) Led y Forsyte, Kitman end Phillips (a ion) (1935/W/1459): the schedule is set out at length | to show how the documents can suitably be described in the summons. See RSC Ord 2427 (1); and Paragraph 14 ante. See Form 31 ante. See Form 35 post. 35 AFFIDAVIT giving discovery of particular or specific documents! [Plaintiff or Defendant]: (A. B. or C. DJ: 1st. (Heading as in Form 1) | the above-named [Plaintiff A. B, or Defendant C. DJ, of (state residence erworkplace, and occupation of, if none, description), make oath and say as follows: 1. Thave read the order? made herein on 19.4 DeadPRODUCTION FOR INSPECTION ivi 50 NOTICE objecting to give inspection of documents! (Heading as in Form 1) Take Norice that the [Defendant or Plaintiff] objects to give you inspection of [part of] the documents mentioned in your Notice? of «........ 19... [namely (specify the documents or parts to which objection is made)] on the ground that (specify the ground) [but TAKE NOTICE that you can inspect the remainder of the documents therein referred to at my office at (address) on [Tuesday] next the ......... day of 19... between the hours of ...... and (Conclude as in Form 47) 1 Adapted from the former Queen’s Bench Masters’ Practice Form No 48. See RSC Ord 241 10 (2); and Paragraph 36 ante. See Form 48 ante. For examples of objections see Forms 7-16 ante. 51 SUMMONS for order for production of documents for inspection’ (Heading as in Form 1) LET ALL PARTIES (continue as in Form 2) on the hearing of an application by the [Plaintiff] for an Order that the [Defendant] do [within [14] days or on reasonable notice or at such times as the Court thinks fit] produce for inspection by the [Plaintiff] and his Solicitors [at the office of the [Defendant] Solicitors at (addvess) or at such place as the Court thinks fit] Ithe following documents, namely (specify thers as precisely as possible) or the documents mentioned below] and do permit them to peruse the same and [to take copies thereof or to make notes of their contents and to be supplied with copies thereof on payment of the proper charges] [and that in the meantime all further proceedings in this action be stayed]. [The documents above referred to are the following, namely, (specify them as precisely as possible)]. AND that the costs of and occasioned by this application be [the [Plaintiff's] costs in any event or as the case may be]. (the other party has already objected to produce the documents, add a notice calling on him t0 have the documents available for possible inspection by the court, adapted fiom Form 56 post) (Conclude as in Form 2) See RSC Ord 24 1 11 (1), @); and Paragraph 37 ante. No supporting affidavit is required where the application is made under RSC Ord 24 11 (1) to inspect documents referred {0 in a list or affidavit of documents or in pleadings; an affidavit is, however, necessary where the application is made under RSC Ord 24 r 11 (2), to inspect documents net so referred to: for such an affidavit sce Form 52 post. For an otder see Form 53 post. For descriptions of documents see Form 6 ante.172 DISCOVERY AND INSPECTION: FORMS. 52, AFFIDAVIT supporting summons for order for production of documents for inspection’ Plaintiff E, F: 1st: (Heading as in Form 1) 1, E. F, of (state residence or workplace), Solicitor, a Partner in the firm of E. F & Co of (address), Solicitors for the above-named Plaintiff A. B., make oath and say as follows: 1. The documents described in the Summons? herein for an Order for inspection are to the best of my knowledge, information and belief in the possession, custody or power of the Defendant 2. [State the facts upon which the deponent bases his knowledge, e.g: In.a copy letter dated . 19... disclosed by the Defendant in his List of Documents* herein dated ......... 19..., and therein numbered ... the Defendant refers to “certain books of accounts containing cash entries” as being in his possession at that time, but there is no mention of any such books in the said List or as the case may be.] 3. The said documents relate to 2 matter in question in this action in that [it is material to the Plaintiff's claim to fix the dates when payments were made to the Defendant in respect of goods supplied by him or as the case may be. 19...2 [4. I have three times requested that the Defendant show to me the said books of account but he has refused to do so, and in particular by letter from his Solicitor, Mr G. H. dated - 19... a copy of which is now produced and shown to me marked “E. E 1”, the Defendant has refused to 3 produce the same.] (Conclude as in Form 19) 1 See RSC Ord 24 r 11 (3); and Paragraph 39 ante. For a summons see Form 51 ante. For an opposing affidavit see Form 53 post. See Form 19 note 2 ante. See Form 51 ante. See Form 4 ante. BON 53 AFFIDAVIT opposing application for order for production of i documents for inspection! Defendant: C. D. 1st: ......... 19...2 (Heading as in Form 1) 1, C.D, of (state residence or workplace, and occupation or, if none, description), the above-named Defendant, make oath and say as follow 1. Thave read the Affidavit? of E. F filed herein on .. [Either: 2. According to the best of my knowledge, information and belief I have not now and never have had in my possession, custody or power the documents or any of them referred to in the Phintiff’s Summons herein dated cece 19... ww AD.PRODUCTION FOR INSPECTION 173 Or: 2. | object to produce the documents referred to in the Plaintiff's Summons herein dated ......... 19... on the ground that (specify the ground?) Or 2. The account books referred to in the Plaintiff's Summons herein dated vss 19... [are in fact account books belonging not to me but to one X. Y,, and were lent by the said X. Y. to me on or about .. 19... The same] were [returned by me to the said X. Y. on or about 19... and have not since then been in my possession, custody or power or placed by me on my desk, to which I and all the other persons in my office have access, on of about ......... 19... . To the best of my recollection and belief I last saw the said books on my desk on or about ......... 19..., and although I have searched diligently for the same and made inquiries throughout my office I have been unable to discover the same or any information concerning them, and I verily believe that the same have been accidentally lost or destroyed or removed from my possession, custody and power without my knowledge or authority]]. (Conclude as in Form 19) See Paragraph 39 ante See Form 19 note 2 ante. See Form 52 ante. See Form 51 ante. See Paragraph 11 ante and Forms 7-16 ante. eS 54 ORDER for production of documents for inspection! (Heading as in Form 1) UPON HEARING [Counsel or the Solicitors] for the Plaintiff and for the Defendant IAND UPON READING the Affidavit? of E. E filed ......... 19...] Ir Is ORDERED that the [Defendant] do [within [14] days or on reasonable notice] produce at [the office of G. H. & Co., his Solicitors, situate at (address)} the following documents, namely (speafy them), and that the [Defendant] do permit the [Plaintiff] and his Solicitors to inspect and peruse the documents so produced [and to take copies thereof or and to make notes of their contents and that the [Plaintiff] be entitled to be supplied with copies thereof on payment of the proper charges} 1 1s ORDERED that in the meantime al] further proceedings be stayed] AND that the costs of and occasioned by this application be [the [Plaintiffs] costs in any event or as the case may be]. Daren this ......... day Of weseeee 19.e. 1 Adapted from the former ‘Queen’s Bench Masters’ Practice Form No PF49; see RSC Ord 24 r 11 (2); and Paragraph 39 ante. For 2 summons see Form 51 ante. 2 See Form 52 ante,