(b)
(c)
(2)
Where in any case the Court or Judge in Chambers is satisfied, either on the original
application or on a subsequent application, that it is necessary or expedient, having regard to
the circumstances of the case, to make an order, for the production of ship's papers, the Court or
Judge in Chambers may make the orders as in Form 33 to these Rules.
In making an order under this rule the Court or judge in Chambers may impose such terms
and conditions as staying proceedings or otherwise as the Court or judge in chambers in its or his
discretion thinks just.
Rule 8 of this order shall not apply to any application made under this rule.
Affidavit of documents.
15. The affidavit to be made by any person against whom an order for documents has been made under
rule 5 of this order or under sub-rule (a) or (b) of rule 14 of this order shall specify which, if any of
the documents therein mentioned he objects to produce, and it shall, except in the case of an
order made under sub-rule (b) of rule 14 of this order be as in Form 33 to these Rules with such
variations as circumstances may require.
Power to order list of documents in lieu of affidavit.
16. (1) On the hearing of any application for discovery of documents the Court or judge in
Chambers in lieu of ordering an affidavit of documents to be filed may order that the party from
whom discovery is sought delivers to the opposite party a list of the documents which are or
have been in his possession, custody or power, relating to the matters in question.
(2)
The list shall, as nearly as may be, follow the form of the affidavit as in Civil Form 31 in the
Appendix to these Rules.
(3)
The ordering of the list shall not preclude the Court or judge in Chambers from afterwards
ordering the party to make and file an affidavit of documents.
Production of documents.
17. The Court or a judge in Chambers may at any time during the pendency of an action, order the
production by any party, upon oath, of such of the documents in his possession or power,
relating to any matter in question in the action as the Court or judge in chambers shall think right,
and the Court may deal with the documents, when produced, in such manner as appears just.
Inspection of documents referred to in pleadings or affidavits
18. (l) Every party to a cause or matter shall be entitled at any time, by notice in writing, to give
notice to any party in whose pleadings or affidavits reference- is to any document to produce the
document for the inspection of the party giving the notice, or of his legal practitioner, and to
permit him or them to take copies thereof.
(2) Any party not complying with the notice shall not afterwards be at liberty to put such
documents in evidence on his behalf in that action, unless he shall satisfy the Court or a
Judge in Chambers that the 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 in
Chambers deems sufficient for not complying with the notice, in which case the Court or
judge in Chambers may allow the same to be put in evidence on such terms as to costs and
otherwise as the Court or judge in Chambers may think fit.