NEWFOUNDLAND AND LABRADOR REGULATION 60/02

NEWFOUNDLAND AND LABRADOR
REGULATION 60/02

Rules of the Supreme Court, 1986 (Amendment)
under the
Judicature Act

(Filed August 19, 2002)

Under the authority of section 55 of the Judicature Act, the Rules Committee of the Trial Division makes the following Rules.

Dated at St. John's, August 14, 2002.

Barry R. Sparkes, B.C.L.
Registrar of the Supreme Court
Secretary, Rules Committee

RULES

Analysis

1. Rule 30 of the Rules of the Supreme Court, 1986 is amended by adding immediately after rule 30.08 the following:

Correcting answers

30.08A. (1) Where a party has been examined for discovery or a person has been examined for discovery on behalf or in place of, or in addition to the party, and the party subsequently discovers that the answer to a question on the examination

(a) was incorrect or incomplete when made, or

(b) is no longer correct and complete,

the party shall immediately provide the information in writing to every other party.

(2) Where a party provides information in writing under rule 30.08A(1)

(a) the writing may be treated at a hearing as if it formed part of the original examination of the person examined, and

(b) any adverse party may require that the information be verified by affidavit of the person discovered or be the subject of further examination for discovery.

(3) Where a party has failed to comply with rule 30.08A(1) or a requirement under rule 30.08A(2)(b), and the information subsequently discovered is

(a) favorable to the party's case, the party may not introduce the information at the trial, except with leave of the trial judge; or

(b) not favorable to the party's case, the court may make the order that is just.