to make and file an affidavit stating whether the document [or documents] referred to and specified below [or any and which of them are or] is or [have or] has at any time been in his possession or power; and if the same [or any of them], having at any time been, be not now in his possession or power, stating when he parted therewith or what has become thereof.

The document [or documents] above referred to is [or are] the following, viz. :-[here specify the same, numbering them, if numerous, for convenience of reference (z)].

11. Affidavit in support of Application for Order as to specific Documents (a). [Title, &c., as in writ of summons.]

I, A. B., the above-named plaintiff [or defendant], make oath and say as follows:

1. In my belief the above-named defendant [or plaintiff] C. D. has or has at some time had in his possession or power the following document [or documents], viz. :-[here specify the document or documents, following in this respect the notice of application; or say, the documents specified in my notice of application herein, dated the a copy whereof is now produced

2. [Here state shortly the facts relied on as showing that the party against whom the application is made has or has had the document or documents in his possession or power.]

3. The document [or documents] referred to in paragraph 1 hereof relates [or relate] to the matters in question in this cause [or matter] or to some of them.

4. [Here state shortly the facts relied on as showing that the document or documents are relevant.]

66

Sworn [&c., as usual; see post, “ Affidavits”].

This affidavit is filed [&c., as usual].

12. Affidavit pursuant to Order as to specific Documents (a).

[Title, &c., as in writ of summons.]

I, the above-named defendant [or plaintiff] C. D., make oath and say as follows:

1. I have read [what purports to be] a copy of an affidavit by the abovenamed plaintiff [or defendant] A. B. [i.e., the affidavit upon which the order was made], sworn herein on the day of 19-[and also the

notice of application referred to in such affidavit, and the order made thereon].

(2) The documents must be specifically described (White v. Spafford, [1901] 2 K. B. 241).

(a) See Ord. XXXI., r. 19a (3), supra, n. (y).

2. The documents set forth in the first and second parts of the first schedule hereto are in my possession or power.

3. I object to produce the said documents set forth in the second part of the said first schedule hereto on the ground that [here state the grounds of objection; see form No. 6, ante, p. 250].

4. The documents set forth in the second schedule hereto have been, but are not now, in my possession or power.

5. The last-mentioned documents were last in my possession or power [state when].

6. [Here state what has become of the documents.]

7. According to the best of my knowledge, information and belief, I have not now, and never had, in my possession, custody or power, or in the possession, custody or power of my solicitors or agents, solicitor or agent, or in the possession, custody or power of any other persons or person on my behalf, the documents mentioned or referred to in the order herein made by Master dated [i.e., the order pursuant to which the affidavit is made], or any of the said documents other than and except only the documents set forth in the said first and second schedule hereto.

[Here insert the schedules. The affidavit, of which the above is only an illustration, must be framed to meet the facts of the particular case.]

66

Sworn [&c., as usual; see post, “ Affidavits "].

This affidavit is filed [&c., as usual].

13. Order for Affidavit of Documents (c).

[Formal parts as usual] upon hearing : It is ordered that the defendant [or plaintiff] do, within

days from the date of this order [or from service of copy receipt for deposit in Court], answer on affidavit stating what documents are or have been in his possession or power relating to the matters in question in this action. And that the costs of this application be [costs in the cause].

14. Order for further and better Affidavit.

[Formal parts as usual] upon hearing — : It is ordered that the defendant [or plaintiff] do, within days from the date of this order, make and file a further and better affidavit stating what documents are or have been at any time in his possession or power relating to the matters in question in the action. And that the costs of this application be

Dated the

C.F.

() This form is framed from that given in R. S. C., App. K. No. 17.

17

affidavit of

15. Order for Affidavit as to specific Documents.

and upon reading the

It is ordered that the

[Formal parts as usual] upon hearing filed the day of 19. do, within days from the date of this order, make and file an affidavit stating whether the following document, namely [specify the document], is or has at any time been in his possession or power, and if the same has at any time been, but is no longer in his possession or power, stating when he parted with the same, and what has become thereof. And that the costs of this application be

CHAPTER V.

PRODUCTION AND INSPECTION OF DOCUMENTS.

1. Notice to Party to produce for Inspection Documents referred to in his Pleadings or Affidavits (a).

[Title, &c., as in writ of summons.]

Take notice that the plaintiff [or defendant] requires you to produce for his inspection the following documents referred to in your defence herein [or statement of claim herein, or affidavit herein sworn the

19-], viz. :-[here describe the documents required]. Dated

day of

X. Y.,

Solicitor [or agent] to the plaintiff [or defendant].

To Mr. Z., solicitor [or agent] for the defendant

[or plaintiff].

2. Notice allowing or refusing Inspection of Documents (b).

[Title, &c., as in writ of summons.]

Take notice that you can inspect the documents mentioned in your notice of the 19 [except the deed numbered

day of

in

(a) Notice to produce for Inspection Documents referred to in Pleading or Affidavit.] By R. S. C., Ord. XXXI., r. 15,“ Every party to a cause or matter shall be entitled, at any time, by notice in writing, to give notice to any other party, in whose pleadings or affidavits reference is made to any document, to produce such document for the inspection of the party giving such notice, or of his solicitor, and to permit him or them to take copies thereof; and any party not complying with such notice shall not afterwards be at liberty to put any such document in evidence on his behalf in such cause or matter, unless he shall satisfy the Court or a Judge that such document relates only to his own title, he being a defendant to the cause or matter, or that he had some other cause or excuse which the Court or Judge shall deem sufficient for not complying with such notice, in which case the Court or Judge may allow the same to be put in evidence on such terms as to costs and otherwise as the Court or Judge shall think fit."

By r. 16, "Notice to any party to produce any documents referred to in his pleading or affidavits shall be in the form No. 9 in Appendix B., with such variations as circumstances may require." The above form follows that prescribed by this Rule. (b) Notice allowing or refusing Inspection.]—By Ord. XXXI., r. 17," The party to whom such notice is given shall, within two days from the receipt of such notice, if all the documents therein referred to have been set forth by him in such affidavit as is mentioned in Rule 13, or if any of the documents referred to in such notice have not been set forth by him in any such affidavit, then within four days from the receipt of such notice, deliver to the party giving the same a notice stating a time within three days from the delivery thereof at which the documents, or such of them as he does not object to produce. may be inspected at the office of his solicitor, or in the case of bankers' books or other books of account or books in constant use for the purposes of any trade or

that notice, of which the defendant (or plaintiff) objects to give you inspection on the grounds stated in paragraph of his affidavit of documents herein (or on the ground that, &c., stating the ground)] at [insert place of inspection, e.g., my office at ] on Thursday [or as the case may be] next, the instant [or as the case may be, naming a day within three days from the delivery of the notice], between the hours of [twelve and four] o'clock.

Or, Take notice that the defendant [or plaintiff] objects to giving you inspection of the documents mentioned in your notice of the day of -, 19, on the ground that [&c., stating the ground; for forms of objection, see ante, p. 250].

[Conclude as in preceding form, No. 1.]

3. Application for Order for Inspection of Documents (c).

[Formal parts as usual in application to Master] for an order that the defendant [or plaintiff] do give inspection of the documents mentioned below to the plaintiff [or defendant] and his solicitor, and permit them to peruse the same, and to take copies thereof, at such place and time and in such manner as shall be directed by the said order.

The documents above referred to are the following, viz.:-[here specify the documents, e.g., the documents referred to in the plaintiff's (or defendant's) notice to produce, dated (a copy whereof is annexed hereto)].

4. Notice to produce Document for Inspection of Master (d).

[Insert at end of notice of application to Master.] And further take notice that the defendant [or plaintiff] is hereby required to produce at the hearing of the said application all the documents above referred to [or all the documents set forth in the second part of the first schedule of the defendant's [or plaintiff's] affidavit of documents filed herein the day of

business at their usual place of custody, and stating which (if any) of the documents he objects to produce, and on what ground. Such notice shall be in the form No. 10 in Appendix B., with such variations as circumstances may require." The above form follows that prescribed by r. 17, supra.

(c) By Ord. XXXI., r. 18 (1), "If the party served with notice under Rule 17 omits to give such notice of a time for inspection or objects to give inspection, or offers inspection elsewhere than at the office of his solicitor, the Court or Judge may, on the application of the party desiring it, make an order for inspection in such place and in such manner as he may think fit: Provided that the order shall not be made when and so far as the Court or a Judge shall be of opinion that it is not necessary either for disposing fairly of the cause or matter or for saving costs."

(d) By Ord. XXXI., r. 19A (2), “ Where on an application for an order for inspection privilege is claimed for any document, it shall be lawful for the Court or a Judge to inspect the document for the purpose of deciding as to the validity of the claim of privilege."