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

Rule  17 - Disclosure of Other Things

Scope of Rule 17
17.01 (1) This Rule provides for disclosure and inspection of things other than documents and electronic information, including all of the following:
   
(a)
land and fixtures, such as a building, structure, and fixed machinery;
   
(b)
moveables, such as a machine, model, or sample;
   
(c)
anything containing information that is not a document or electronic information.
  (2) A person must disclose all relevant things in the control of the person, and a party may inspect a relevant thing, in accordance with this Rule.
       
When to disclose
17.02   A party to a defended action or contested application must make disclosure of a thing to which this Rule 17 applies at the following times, in the following circumstances:
   
(a)
no more than forty-five days after the day pleadings close, when the evidence is in the control of the party at the beginning of the proceeding;
   
(b)
immediately after the evidence comes into the control of the party, or ceases to be privileged, when either happens after the beginning of the proceeding;
   
(c)
immediately on the party becoming aware that the party failed to disclose a thing that should have been disclosed.
       
How to make disclosure
17.03   The party must make the disclosure by delivering to the other party a written description of the thing, including all of the following:
   
(a)
how it is relevant;
   
(b)
where it is, and who has physical control of it;
   
(c)
how and when it may be inspected.
       
Demand for inspection
17.04 (1) A party may deliver to another party a demand for inspection of a relevant thing in the control of the other party.
  (2) A party to whom a demand for inspection is delivered must do either of the following no more than ten days after the day the demand is delivered:
   
(a)
arrange a convenient time, date, and place for the inspection;
   
(b)
refuse the demand and give grounds.
       
Order for inspection
17.05 (1) A judge may order a person to permit inspection of a thing, and the order may include terms to assist the inspection, including terms on any of the following subjects:
   
(a)
permission to enter on lands and inspect the land, a fixture, or a movable;
   
(b)
a time, date, and place for the inspection;
   
(c)
an injunction or other order to secure the cooperation of a named or unnamed person;
   
(d)
a requirement that a person deliver a thing to a person or place.
  (2) An order for inspection may permit testing, taking a sample, or conducting an experiment.
  (3) An order for inspection may include the statement, “Failure to obey this order may be punished as contempt of court.”
       
Expert’s report
17.06   A party who inspects a thing under a demand or order, and who obtains from an expert an agreement to prepare a report under Rule 55 - Expert Opinion, may involve the expert in the inspection, including performing, taking, or making a permitted test, sample, or experiment.
       

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DISCLOSURE OF ELECTRONIC INFORMATION

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DISCOVERY >>