4. The principal Rules are amended by inserting, immediately after rule 2, the following rules:| “Discovery in maintenance proceedings |
2A.—(1) Subject to paragraph (4), the court may at any time order any party in maintenance proceedings to give discovery in such form as the court may direct by filing and by serving on the other party, an affidavit exhibiting a list of documents as specified by the Registrar.(2) The court may, at any time, on the application of any party in maintenance proceedings, make an order requiring any other party to make an affidavit or give sworn statements stating whether —| (a) | any document specified or described in the application and that is not the subject of any order made under paragraph (1); or | | (b) | any class of documents so specified or described in the application, |
| is or has at any time been in his possession, custody or power, and if not then in his possession, custody or power, when he parted with it and what has become of it. |
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| (3) Upon the making of an order under paragraph (1) or (2), the court may, if a party states in his affidavit or sworn statement that a document or class of documents is in his possession, custody or power, direct the party to produce and exhibit a copy or copies of the document or class of documents stated in the affidavit or sworn statement in such manner as the court may direct. |
| (4) An application for an order under this rule must be in such form as the Registrar may direct and be supported by an affidavit or a sworn statement stating the belief of the applicant that the party from whom discovery is sought under this rule had or has in his possession, custody or power, the document or class of documents specified in the application. |
| (5) The application under paragraph (2) must set out, in respect of each such document or class of documents, the reasons for requesting discovery. |
| (6) The application under paragraph (2) shall be heard in Chambers before the Registrar. |
| (7) Order 55B of the Rules of Court (Cap. 322, R 5) shall be applicable to an appeal brought against any order or refusal of any order by the Registrar under this rule. |
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| Duty to give discovery to continue throughout maintenance proceedings |
| 2B. After the making of any order under rule 2A, the party required to give discovery under the order shall remain under a continuing duty to give discovery of all documents falling within the ambit of the order until the proceedings in which the order was made are concluded. |
| Inspection of documents in maintenance proceedings |
2C.—(1) Any party in maintenance proceedings (referred to in this rule as the first-mentioned party) shall be entitled at any time to apply to the court, in such form and manner as the Registrar may direct, requiring the other party to —| (a) | produce a document which was referred to in the affidavits or sworn statements of that other party or the bundle of documents filed into court for the inspection of the first-mentioned party; and | | (b) | permit the first-mentioned party to take copies of such document or documents. |
| (2) The other party shall offer inspection of the documents at a reasonable time and place unless he objects to such inspection. |
| (3) The application under paragraph (1) shall be heard in Chambers before the Registrar. |
| (4) Order 55B of the Rules of Court (Cap. 322, R 5) shall be applicable to an appeal brought against any order or refusal of any order by the Registrar under this rule. |
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| Order for production of documents for inspection in maintenance proceedings |
2D.—(1) If a party who is responding to an application under rule 2C —| (a) | objects to the production of any document for inspection; or | | (b) | offers inspection at any time or place which, in the opinion of the court, is unreasonable, |
| the court may, subject to rule 2H and on the application of the party entitled to inspection, make an order for the production of the documents in question for inspection at such time and place, in such manner, and on such conditions, as it thinks fit. |
| (2) Without prejudice to paragraph (1), but subject to rule 2H, the court may, on the application of any party in maintenance proceedings, order any other party to permit the party who makes the application to inspect any documents in the possession, custody or power of that other party in respect of which discovery has been given under rule 2A or pursuant to any order made under this rule. |
| (3) In particular, on the making of an order under rule 2A(2), the court may, in lieu of making an order under rule 2A(3), make such orders for the production of the relevant documents for inspection at such time and place, and in such manner, as it thinks fit. |
| (4) The application under paragraph (1) or (2) shall be heard in Chambers before the Registrar. |
| (5) Order 55B of the Rules of Court (Cap. 322, R 5) shall be applicable to an appeal brought against any order or refusal of any order by the Registrar under this rule. |
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| Production of business books in maintenance proceedings |
2E.—(1) Where the production of any business books for inspection is applied for under rule 2C, the court may, instead of ordering the production of the original business books for inspection, order a copy of any entries therein to be supplied and verified by an affidavit of a person who has examined the copy together with the original books. | (2) Such affidavit shall state whether or not there are any erasures, interlineations or alterations in the original books, and if so, what erasures, interlineations or alterations there are. |
| (3) Notwithstanding that a copy of any entries in any business book has been supplied under this rule, the court may order the production of the book from which the copy was made. |
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| Restriction on use of privileged document, inspection of which has been inadvertently allowed in maintenance proceedings |
| 2F. Where a party inadvertently allows a privileged document to be inspected, the party who inspected it may use it or its contents only if the leave of the court to do so is first obtained. |
| Order for determination of issue, etc., before discovery and inspection in maintenance proceedings |
| 2G. Where on an application for an order for discovery or inspection, it appears to the court that any issue or question in the maintenance proceedings should be determined before any discovery of documents or inspection, the court may order that the issue or question be determined first. |
| Discovery and inspection to be ordered in maintenance proceedings only if necessary |
2H. On the hearing of any application for an order under rule 2A, 2C, 2D or 2E, the court —| (a) | may, if satisfied that discovery or inspection is not necessary, dismiss the application; and | | (b) | shall in any case refuse to make such an order if and so far as it is of the opinion that discovery or inspection is not necessary either for disposing fairly of the cause or matter or for saving costs. |
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| Order for production of documents to court in maintenance proceedings |
2I.—(1) At any stage of any maintenance proceedings, the court may, subject to rule 2J, order any party to produce to the court any document in his possession, custody or power that falls within one of the following descriptions:| (a) | documents on which a party applying for discovery or inspection relies or will rely; | | (b) | documents which could — | (i) | adversely affect a party’s case; or | | (ii) | support a party’s case; and |
| | (c) | documents which may lead to a train of inquiry resulting in the obtaining of information which may —| (i) | adversely affect a party’s case; or | | (ii) | support a party’s case. |
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| (2) The court may deal with the document when produced pursuant to an order made under paragraph (1) in such manner as it thinks fit. |
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| Failure to comply with order relating to discovery or inspection in maintenance proceedings |
2J.—(1) If any party fails to comply with any provision in rule 2A, 2B, 2C, 2D, 2E, 2F or 2I or with any order made under those rules, or both, the court may make such order as it thinks fit.(2) Without prejudice to the generality of paragraph (1), the further orders that may be made by a court under that paragraph may include one or both of the following orders:| (a) | an order that proceedings shall be stayed until the parties have complied with the relevant provision in one or more rules referred to in paragraph (1), or with any order made under those rules, or both; | | (b) | such order as to costs as the court thinks appropriate against the party who fails to comply with the relevant provision in one or more rules referred to in paragraph (1) or with any order made under those rules, or both. |
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(3) Without prejudice to paragraphs (1) and (2), a party who fails to comply with any provision in rule 2A, 2B, 2C, 2D, 2E, 2F or 2I or with any order made under those rules or both, as the case may be —| (a) | may not rely on those documents save with the leave of the court; and | | (b) | may have an adverse inference drawn against him pursuant to section 116(g) of the Evidence Act (Cap. 97). |
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| Revocation and variation of orders for discovery or inspection in maintenance proceedings |
| 2K. Any order made under rule 2A, 2C, 2D, 2E or 2I (including an order made on appeal) may, on sufficient cause being shown, be revoked or varied by a subsequent order or direction of the court made or given at or before the hearing of the maintenance proceedings. |
| Document disclosure of which would be injurious to public interest: Saving |
| 2L. Rules 2A, 2B, 2C, 2D, 2E, 2F and 2I shall be without prejudice to any rule of law which authorises or requires the withholding of any document or information on the ground that the disclosure of it would be injurious to the public interest, or against the interests of justice. |
| Practice directions in relation to maintenance proceedings |
| 2M. Practice directions may make additional provisions in relation to the requirements for any application for discovery or inspection in maintenance proceedings.”. |
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