(1) A party (the
"applicant" ) to a proceeding may by notice of non-party disclosure require a
person who is not party to the proceeding (the
"respondent" ) to produce to the applicant, within 14 days after service of
the notice on the respondent, a document—
(a) directly relevant to an
allegation in issue in the proceeding; and
(b) in the possession or under the
control of the respondent; and
(c) that is a document the respondent could be
required to produce at the trial of the matter.
(2) The applicant may not
require production of a document if there is available to the applicant
another reasonably simple and inexpensive way of proving the matter sought to
be proved by the document.
(3) The respondent must comply with the notice but
not before the end of 7 days after service of the notice on the respondent.
(4) Disclosure under this division is not an ongoing duty.
