Civil Procedure Rules of Nova Scotia  
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Part 5 - Disclosure and Discovery

Rule  15 - Disclosure of Documents

Scope of Rule 15
15.01 (1) This Rule provides for making disclosure of documents, not electronic information.
  (2) A party must disclose documents in the control of the party, in accordance with this Rule.
       
Duty to make disclosure of documents
15.02 (1) A party to a defended action or a contested application must do each of the following:
   
(a)
make diligent efforts to become informed about relevant documents the party has, or once had, control of;
   
(b)
search for relevant documents the party actually possesses, sort the documents, and either disclose them or claim a document is privileged;
   
(c)
acquire and disclose relevant documents the party controls but does not actually possess.
  (2) The party must also disclose information about all of the following:
   
(a)
a relevant document the party once controlled but no longer controls, such as a lost document or a document given away;
   
(b)
a claim that a document in the control of the party is subject to a privilege in favour of the party or another person, to the extent it is possible to inform another party without infringing the privilege;
   
(c)
a relevant document newly created, discovered, or acquired;
   
(d)
a relevant document that has ceased to be privileged.
       
Disclosure in an action
15.03 (1) A party to a defended action must deliver to each other party an affidavit that fulfills the party’s duty to make disclosure of documents no more than forty-five days after the day pleadings close.
  (2) The affidavit must contain the standard heading, be entitled “Affidavit Disclosing Documents (Individual)” or “Affidavit Disclosing Documents (Corporate)”, and be sworn or affirmed by an individual party, the litigation guardian of an individual party, or an officer or employee of a corporate party.
  (3) The person making the affidavit must swear to or affirm all of the following:
   
(a)
an attached certificate of advice or understanding about disclosure duties under this Rule 15, and Rule 16 - Disclosure of Electronic Information, is true;
   
(b)
the person has thoroughly searched for, or supervised a thorough search for, relevant documents that are actually possessed by the party;
   
(c)
the person has become informed about relevant documents in control of, but not actually possessed by, the party and has acquired the documents, or disclosed otherwise in the affidavit;
   
(d)
an attached Schedule A lists all relevant, non-privileged documents that are actually possessed by the party;
   
(e)
the person has arranged for delivery of copies of the listed documents in a printed booklet, or in a readily exchangeable electronic format, that is organized in a way that corresponds to Schedule A;
   
(f)
an attached Schedule B provides the date of retention of counsel, claims privilege over communications with counsel unless the party waives the privilege, and provides information on all claims that a document, other than a communication with counsel, is privileged in favour of the party or another person;
   
(g)
an attached Schedule C describes each relevant document in the party’s control that has not yet been acquired by the party and provides the party’s undertaking to acquire the document or the reasons for not doing so;
   
(h)
an attached Schedule D accurately describes any document once, but no longer, in the control of the party;
   
(i)
to the best of the person’s knowledge, the party has never had control of a relevant document except as disclosed in the affidavit;
   
(j)
disclosure of electronic information is the subject of another affidavit, an agreement, or directions of a judge.
  (4) The certificate attached to the affidavit must be of one of the following kinds:
   
(a)
if the person is represented by counsel, a certificate signed by counsel stating that counsel has advised the person providing the affidavit of the duties under Rule 14 - Disclosure and Discovery in General, this Rule 15, and Rule 16 - Disclosure of Electronic Information to search for, make diligent efforts to become informed about, acquire, sort, and disclose relevant documents and electronic information, and of the kinds of documents and electronic information that may be relevant in the proceeding;
   
(b)
if the party is acting on their own, a certificate of the party that they have taken any assistance they require to understand the duties under Rule 14 - Disclosure and Discovery in General, this Rule 15, and Rule 16 - Disclosure of Electronic Information to search for, make diligent efforts to become informed about, acquire, sort, and disclose relevant documents and electronic information, and the party understands the duties.
  (5) Each schedule attached to the affidavit must describe a document so it is easily identifiable from the description, and if copies of documents are to be delivered in an electronic format rather than a printed booklet, Schedule A must conform with Rule 16.09(3)(d).
  (6) The affidavit disclosing documents may be in Form 15.03A for an individual party, or Form 15.03B for a corporate party.
       
Supplementary affidavit disclosing documents
15.04   A party who delivers an affidavit disclosing documents must, immediately on becoming aware of any of the following, deliver to each other party a supplementary affidavit disclosing documents:
   
(a)
a relevant document in the actual possession of the party is not covered by the affidavit disclosing documents;
   
(b)
a further relevant document is found or acquired;
   
(c)
a relevant document claimed to be privileged is no longer claimed to be privileged.
       
Book or electronic copy of documents
15.05 (1) A party who delivers an affidavit disclosing documents, or a supplementary affidavit, must, at the same time, deliver to each other party a book of copies of all documents listed in Schedule A of the affidavit, or referred to in the supplementary affidavit.
  (2) The documents must be provided in a sequence, and with identifying numbers or letters, so that they are easily matched with the list in the Schedule.
  (3) Each page of a document containing more than one page must have a sequential page number.
  (4) A document that cannot be bound conveniently into a booklet, may be placed in a sleeve or delivered separately with a cross-reference in the booklet.
  (5) Instead of a booklet, a party to a proceeding in which all parties have means for reading electronic information may scan the documents and deliver copies in a readily exchangeable electronic format.
  (6) A party who delivers documents in an electronic format must comply with Rule 16.12, of Rule 16 - Disclosure of Electronic Information, as if the scanned documents were electronic information, and the party must provide in the party’s affidavit of documents a Schedule “A” that conforms with Rule 16.09(3)(d).
       
Disclosure in an application
15.06 (1) A party to a contested application must deliver to each other party copies of all documents required to be disclosed under this Rule 15 and a list by which the documents can be identified and put in order.
  (2) The copies must be delivered in a booklet, or in a readily exchangeable electronic format.
  (3) A judge may give directions for delivery of a list identifying, or an affidavit disclosing, documents in an application.
       
Directions for disclosure
15.07 (1) A judge may give directions for disclosure of documents, and the directions prevail over this Rule 15.
  (2) A judge may not give directions limiting disclosure or production of a relevant document, unless the presumption in Rule 14.08, of Rule 14 - Disclosure and Discovery in General, is rebutted.
       

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DISCLOSURE AND DISCOVERY
IN GENERAL

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DISCLOSURE OF ELECTRONIC INFORMATION >>