Hong Kong Regulations

MATRIMONIAL CAUSES RULES - RULE 28

Discovery of documents in defended cause

(Past version on 30/06/1997).

PREPARATIONS FOR TRIAL

(1) This rule applies to a defended cause begun by petition.

(2) Unless the court makes an order under paragraph (3), the formal procedure
for discovery and inspection of ducuments prescribed by the Rules of the High
Court ( Cap 4 sub. leg.) shall apply.

(3) The court may, of its own motion but subject to any proper claim of
privilege, do either or both of the following-

   (a)  make such order for discovery of documents, including the mode of
        discovery, as it may consider necessary or desirable;

   (b)  order any party to produce any relevant document in his possession or
        under his control for inspection by any other party and may order that
        any such inspection shall take place in the presence of an officer of
        the court.

(4) R.H.C. Order 24, rule 16 shall apply with the necessary modifications to
any failure to comply with an order for discovery or inspection of documents.

(5) A party who fails to comply with an order for discovery or inspection of
documents shall not, except with the leave of the court, be permitted to reply
at the trial of the cause on any document mentioned in the order.

(6) The powers of the court with regard to the making of orders for discovery
or inspection of documents may be execised by the registrar.

(7) Any party dissatisfied with an order for discovery or inspection of
documents made by the registrar may, within 5 days of the making of such order
and upon giving not less than 2 days' notice to any other party, apply to the
court to set aside such order.

(8) In this rule-

"court" (法院) includes any judge of the court sitting in court or in
chambers. (L.N. 26 of 2002)

"court" (法院)