Section 105 — District Court Act 2016: Pre-discovery

105 Pre-discovery (1) The court may, in the circumstances set out in the rules, make the orders set out in subsection (2) if— (a) a person ( A ) has made an application for those orders in accordance with the rules; and (b) it appears to the court that A is or may be entitled to bring a proceeding in the court; and (c) it appears to the court that another person ( B ) is likely to have or have had in B’s possession, custody, or power a document or class of documents that is relevant to an issue arising or likely to arise in A’s proceeding. (2) The court may order B— (a) to disclose to the court and to any other prescribed person whether the document or documents are in B’s possession, custody, or power; and (b) if a document has been but is no longer in B’s possession, custody, or power, to disclose to the court and to any other prescribed person when B parted with it and what has become of it; and (c) to produce such of those documents as are in B’s possession, custody, or power to the court or to any other prescribed person. Compare: 1947 No 16 s 56A