Agriculture, Food and Rural Affairs Appeal Tribunal (Tribunal)

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Rule 26 - Discovery

Application for order for discovery

26.01 A party to an appeal may apply to the Tribunal for an order for discovery.

Response to application

26.02 In response to such an application the Tribunal

  1. the discovery of documents;
  2. the examination for discovery of any party;
  3. an examination for discovery by written questions (see Rule 20);
  4. the inspection of property; and
  5. the examination of a witness before the commencement of a hearing under Rule 39.03 of the Rules of Civil Procedure.

Contents of affidavit

26.03 The affidavit in support of an application for discovery under rule 26.01 shall disclose the efforts made to secure the information sought by discovery and the reasons why access to such information is necessary in advance of the hearing.

Order for questions

26.04 The Tribunal may order the examination of a party by another party by way of oral or written questions and may establish the date by which such questions are to be asked and answered.

Payment of expenses

26.05 If the questions are oral, the Tribunal may by order designate which party is to pay the cost of an oral examination and the transcript thereof.

Questions not answered

26.06 If a party is unable or unwilling to answer a question, the party shall,

  1. if the party contends that the question is not relevant to the proceeding, set out in writing its reasons in support of that contention;
  2. if the party contends that the information necessary to answer the question is not available or can not be made available with reasonable effort, provide a response that sets out the reasons for the unavailability of the information and provide in the alternative any other information which the party considers would be of assistance to the party asking the question;
  3. if the party contends that the information is of a confidential nature and should not be disclosed, provide a response which sets out the reasons why the information is considered confidential; or
  4. otherwise explain why an answer can not be provided.

Use of questions and answers

26.07 Except for purposes of impeaching a witness, written questions and answers and transcripts of oral questions and answers are not to be referred to or given as evidence at a hearing without the consent of the Tribunal which consent may be subject to such terms and conditions as the Tribunal considers just.

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