UNIFORM CIVIL PROCEDURE RULES 2005 - REG 51.29 Contents of Blue Book

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 51.29

51.29 Contents of Blue Book

(cf SCR Part 51, rule 35)

(1) Subject to subrule (5), the Blue Book must contain--

(a) an index, and

(b) all documents before the court below (other than those in the Red and Black Books) relevant and necessary for the hearing and determination of the proceedings.

(2) An index of the Blue Book must--

(a) in the case of affidavits or statements--

(i) include reference to each annexure including the first page at which it appears in the book, and

(ii) indicate which parts of affidavits, statements and annexures were rejected, not read, or admitted for a limited purpose, and

(b) in the case of exhibits--

(i) give the date of each exhibit and indicate whether it is reproduced in the Appeal Book and the page on which it is located, and

(ii) refer to the exhibits in the order they have been lettered or numbered as exhibits, and

(iii) refer to the pages of the Black Book where the exhibits were marked, and

(iv) where an exhibit consists of a bundle of documents--list each document that forms part of the exhibit and the page on which it is located.

(3) If the text of affidavits or statements is reproduced, pages or annexures not admitted in evidence must be excluded or marked to indicate their evidentiary status (as rejected, not read, or admitted for a limited purpose) unless they are relevant to a ground of appeal, cross-appeal or contention.

(4) The following provisions apply to exhibits--

(a) exhibits must be arranged, not in the order in which they have been lettered or numbered as exhibits, but in chronological order according to their dates or, in the case of manifestly or admittedly misdated documents, their known date,

(b) if a document is undated, it must be placed in the sequence contended for by the appellant, but the appellant must inform the respondent of the proposed position and the respondent may require that a "date or order disputed" be inserted in the index against the document,

(c) if the exhibits include correspondence that should be read consecutively and not interspersed among other documents, the correspondence must be arranged in chronological order and given a position together, at a convenient place, in relation to the other exhibits,

(d) if the exhibits include medical reports--

(i) where provided by only one doctor--they must be arranged in chronological order and given a position together, at a convenient place, in relation to the other exhibits, and

(ii) where provided by more than one doctor--they must be grouped together by doctor in alphabetical order by surname at a convenient place in relation to the other exhibits and chronologically for each doctor,

(e) any photographs and plans must be included unless irrelevant to the grounds of appeal, cross-appeal or contention, and if necessary reduced in size,

(f) interrogatories, answers and affidavits of documents must only be included to the extent they were put in evidence.

(5) If there are no such documents--

(a) a Blue Book does not have to be prepared, and

(b) a statement is to be included in the Orange Book to the effect that a Blue Book has not been prepared because there are no such documents.

(6) The pages of the Blue Book must be two-sided (that is, with writing on both sides of the page).